Aldrich v. Lamb-Weston, Inc.

• Decision Date: 15 July 1992
• Docket Number: No. 19350,LAMB-WESTO,INC,19350
• Parties: William ALDRICH, Claimant-Appellant, v., Employer, Defendant-Respondent. Twin Falls, April 1992 Term
• Court: Idaho Supreme Court

Page 878

834 P.2d 878

122 Idaho 361

William ALDRICH, Claimant-Appellant, v. LAMB-WESTON, INC., Employer, Defendant-Respondent.

No. 19350.

Supreme Court of Idaho,

Twin Falls, April 1992 Term.

July 15, 1992.

Jordan Law Office, Ketchum, Idaho, for claimant-appellant. Clark L. Jordan argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for defendant-respondent. Glenna M. Christensen argued.

JOHNSON, Judge.

This is a workers' compensation case. The sole issue on appeal is whether there is substantial and competent evidence to support the Commission's denial of benefits based on its finding that the claimant's breathing problems are not causally related to an industrial accident. We conclude that there is substantial and competent evidence to support the Commission's decision and affirm the Commission's denial of benefits.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

William Aldrich was employed by Lamb-Weston, Inc. (Lamb-Weston) and worked as a general laborer at Lamb-Weston's potato processing plant. On November 29, 1988, Aldrich was helping freeze hash browns in the hash brown room. In this room a mist consisting of water and chlorine was sprayed onto the hash browns to prevent bacterial growth. The chlorine level was maintained at thirty to fifty parts per million (ppm). On that day, however, the chlorine level rose to at least 200 ppm during Aldrich's shift. Aldrich was exposed to the high chlorine level for five and one-half hours before Lamb-Weston shut down the line.

Aldrich testified that he began having breathing problems after the exposure. On January 4, 1989, Aldrich was treated at the emergency room of a local hospital. Aldrich testified that he went to the emergency room because he was gasping for air and coughing up blood.

Aldrich had been laid off for a few days after the exposure. He returned to work on January 20, 1989, and worked next to a room that also contained chlorine gas. Aldrich testified that he and several other employees near this room complained of sore throats and breathing problems.

Aldrich quit working on April 20, 1989. Aldrich began seeing a physician in March 1989 and continued to see this physician monthly for approximately fourteen months. The physician concluded that Aldrich suffered from chronic bronchitis, most likely caused by smoking.

Aldrich saw a pulmonary lung specialist on July 18, 1990. After testing Aldrich, the specialist diagnosed Aldrich as having mild interstitial lung disease. The specialist initially stated that the disease "may possibly" be related to the chlorine exposures. Shortly before the hearing, the specialist stated that Aldrich's disease was "more likely than not" related to the exposures.

Aldrich alleges that accidents occurred on November 29, 1988, and on January 20, 1989, and that these accidents caused his breathing problems. Following two days of hearing, the Commission issued its findings of fact, conclusions of law, and order. The Commission found persuasive testimony by two physicians who testified on behalf of Lamb-Weston that the exposure had not injured Aldrich.

The first physician testified that Aldrich did not have interstitial lung disease, but that his bronchitis resulted from smoking or asthma. This physician also stated that chlorine exposure would not cause interstitial lung disease, but that levels above twenty-five ppm for more than a few minutes could cause other injuries and that Aldrich did not display such symptoms.

The second physician testified that a massive exposure to chlorine gas, such as 900 ppm, might cause interstitial lung disease, but that it would result in an immediate medical emergency. This physician had examined the equipment that generated chlorine gas that was installed during Aldrich's lay-off. The second physician testified that the chlorine gas was causing employees' eye and throat irritation.

The Commission found that the records from the emergency room visit did not include references to the chlorine exposure or any complaints by Aldrich or finding that Aldrich was coughing up blood. The records did state that Aldrich complained of fevers, chills, and coughing and that Aldrich's wife was complaining of the same symptoms. The doctor at the emergency room diagnosed and prescribed bronchitis medicine for Aldrich and his wife.

The Commission was not persuaded by the diagnosis of Aldrich's pulmonary lung specialist because of the specialist's inconsistent conclusions and because the specialist's conclusion that the disease was "related to" the exposures did not establish causation. The Commission also gave little weight to the testimony by Aldrich's family that Aldrich did not display breathing problems prior to his accident because these witnesses were neither present at the accident nor were they medically trained.

The Commission denied benefits to Aldrich, and Aldrich appealed.

II.

THE COMMISSION'S FINDING THAT ALDRICH'S BREATHING PROBLEMS WERE NOT CAUSALLY RELATED TO HIS INDUSTRIAL ACCIDENTS WAS SUPPORTED BY SUBSTANTIAL AND COMPETENT EVIDENCE.

Aldrich asserts that the Commission should have found that Aldrich's breathing problems were causally related to his accidents. Aldrich argues that the Commission erred when it relied on the testimony of the two...