Nix v. Collins & Aikman, Co.

566 S.E.2d 176, 151 N.C. App. 438, 2002 N.C. App. LEXIS 751
CourtCourt of Appeals of North Carolina
DecidedJuly 16, 2002
DocketCOA01-690
StatusPublished
Cited by11 cases

This text of 566 S.E.2d 176 (Nix v. Collins & Aikman, Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nix v. Collins & Aikman, Co., 566 S.E.2d 176, 151 N.C. App. 438, 2002 N.C. App. LEXIS 751 (N.C. Ct. App. 2002).

Opinions

TIMMONS-GOODSON, Judge.

John W. Nix (“plaintiff’) appeals from an opinion and award of the North Carolina Industrial Commission (“Commission”) denying his claim for compensation following an alleged occupational disease. For the reasons discussed herein, we affirm.

Plaintiff began employment with Collins & Aikman Co. (“defendant”) in July of 1977 as a senior research chemist evaluating dyes and chemical dying procedures in the textile field. Plaintiff spent fifty percent (50%) of his time working in defendant’s research and development lab at the corporate headquarters building located in Charlotte, North Carolina. The laboratory area was divided into an office space and laboratory space where the chemicals were mixed and applied. Defendant employed a laboratory technician who performed most of the actual lab testing under plaintiff’s direction. Plaintiff rarely performed the tests himself.

During the seventeen years that plaintiff was employed with defendant, he often supervised “strike rate” tests, which were tests conducted for the purpose of heating dyes used on fabrics to determine the temperature at which the dye “strikes” or binds to the fabric. There were a large number of dyes and chemicals used in the laboratory for these tests, some of which were known to be respiratory irritants when present in high quantities.

Plaintiff’s first reported respiratory problems were recorded in September of 1979 by Dr. William Kouri (“Dr. Kouri”), his family physician. Between 1979 and 1994, Dr. Kouri treated plaintiff for various respiratory problems including severe coughing and chest pain. [440]*440These episodes occurred every two to three years and were usually diagnosed as bronchitis. On 12 June 1994, plaintiff returned to Dr. Kouri’s office, complaining of constant chest burning and severe coughing. Dr. Kouri’s initial impression was that plaintiff had contracted pneumonia. Although plaintiff began experiencing respiratory problems as early as 1979, he did not connect the health problems to his employment until July of 1994. Plaintiff was diagnosed with Legionnaires disease in 1994.

After treatment by Dr. Kouri, plaintiff was referred to Dr. Carl Smart (“Dr. Smart”), a pulmonologist. Dr. Smart concluded that plaintiff had hyperactive airways disease and that, based upon his history, his symptoms were due to an occupational exposure to chemicals at his employment. Plaintiff remained under Dr. Smart’s care for several years until he left the practice. Dr. Scott A. Kremers (“Dr. Kremers”) assumed plaintiff’s care after Dr. Smart’s departure from the practice. When Dr. Kremers examined plaintiff, he discovered that plaintiff’s airways were hypersensitive and were reacting to chemical fumes, car exhausts, cleaning fluids, perfumes, and other substances. However, Dr. Kremers opined that plaintiff’s reaction was more of a personal “idiosyncratic” nature as opposed to any chemical exposure in the workplace.

Plaintiff was sent to Dr. Reginald T. Harris (“Dr. Harris”), a pulmonary disease specialist and a member of the Commission’s Textile Occupational Disease Panel. Dr. Harris evaluated plaintiff on 24 January 1995. Dr. Harris found no evidence of obstructive or restrictive lung disease and concluded that there was not enough evidence to suggest that chemical exposures at work had precipitated plaintiff’s problems. Plaintiff did not return to work after 12 July 1994.

In affirming the decision of the deputy commissioner to deny compensation, the Commission made the following pertinent findings of fact:

10. Plaintiff has claimed that he has developed hyperactive airways disease as a result of his exposure to chemicals during his employment with defendant. For the following reasons, he has not proven that allegation. Contrary to what he told Dr. Smart, he did not have “fairly extensive exposure” to hazardous chemicals; nor were his symptoms associated with chemical exposures at work until he was also reacting to any fumes, whether at work or at home. The lab where plaintiff worked was well ventilated. Plaintiff was not performing most of the tests himself and the [441]*441activities conducted in the lab usually involved small amounts of chemicals. Therefore, the evidence did not establish a hazardous exposure.
11. Even with an inaccurate history, Dr. Smart could not state that an employee in plaintiffs position would have been placed at an increased risk of developing hyperactive airways disease as compared to the general public not so employed. The medical evidence established only that there was a possible risk and possible relationship associated with plaintiffs workplace exposures, but, with the present state of medical knowledge, the exposures could not be said to be a probable significant contributing factor in the development of his hyperactive airways disease. Rather, if plaintiff did have some sort of a reaction to the chemicals at work, it was due to an unusual sensitivity on his part to small amounts of chemicals that would not be a problem for most people.
12. By the greater weight of the evidence, plaintiff was not proven to have been placed at an increased risk of developing hyperactive airways disease by reason of his exposure to chemicals at work as compared to the general public not so employed. Nor was plaintiffs workplace exposure proven to have been a significant contributing factor in the development of his pulmonary condition.
13. Plaintiff has failed to prove that he developed an occupational disease that was due to causes and conditions characteristic of and peculiar to his employment with defendant-employer and which excluded all ordinary diseases of life to which the general public was equally exposed.

Based upon the above findings of fact, the Commission entered the following conclusions of law:

1. Plaintiff has not proven that he developed an occupational disease which was due to causes and conditions characteristic of and peculiar to his employment and which was not an ordinary disease of life to which the general public was equally exposed. N.C. Gen. Stat. § 97-53(13); Click v. Pilot Freight Carriers, Inc., 300 N.C. 164, 265 S.E.2d 389 (1980); Booker v. Duke Medical Center, 297 N.C. 458, 256 S.E.2d 189 (1979).
2. Plaintiffs condition was caused by his personal, unusual sensitivity to small amounts of certain chemicals. Sebastian v. Hair [442]*442Styling, 40 N.C. App. 30, [251 S.E.2d 872], disc. review denied, 297 N.C. 301, 254 S.E.2d 921 (1979).
3. Plaintiff is not entitled to benefits under the Workers’ Compensation Act for his hyperactive airways disease. N.C. Gen. Stat. § 97-2 et seq.

From this opinion and award plaintiff appeals.

In his first assignment of error, plaintiff contends that there is no competent evidence in the record to support the Commission’s findings and conclusions that plaintiff has not sustained a compensable occupational disease. We disagree.

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Nix v. Collins & Aikman, Co.
566 S.E.2d 176 (Court of Appeals of North Carolina, 2002)

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Bluebook (online)
566 S.E.2d 176, 151 N.C. App. 438, 2002 N.C. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nix-v-collins-aikman-co-ncctapp-2002.