MITCHELL v. HEALTHSOUTH CORPORATION, 2001 AWCC 108

CLAIM NO. E810023

CRYSTAL MITCHELL, EMPLOYEE, CLAIMANT v. HEALTHSOUTH CORPORATION, EMPLOYER, RESPONDENT, CIGNA, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 16, 2001

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant represented by HONORABLE PAMELA D. GEISLER, Attorney at Law, Little Rock, Arkansas.

Respondents represented by HONORABLE BETTY J. DEMORY, Attorney at Law, Little Rock, Arkansas.

Decision of the Administrative Law Judge: Vacated and remanded.

ORDER
The claimant appeals an opinion and order filed by the Administrative Law Judge on September 7, 2000. In that opinion and order, the Administrative Law Judge found in relevant part:

While there is no question the claimant has had allergic reactions to latex in the workplace, she has also had reactions to latex and rubber products outside the workplace, which prevents her from establishing by clear and convincing evidence that a causal connection exists between her occupation or employment and the disease process which she seeks to attribute to the work environment.

However, we point out that if exposure at work to heat/chemicals/mold, etc. causes a disabling aggravation to a pre-existing allergy, then the disabling aggravation can constitute a compensable aggravation under the occupational disease statute. See, Crossett School Dist. v. Gourley, 50 Ark. App. 1, 889 S.W.2d 482 (1995); Hurley Nelson v. Georgia-PacificCorporation, Full Workers’ Compensation Commission, Opinion filed April 27, 1999 (W.C.C. No. E612459). Therefore, even if the claimant’s latex allergy did not originate at work, that fact alone would not necessarily
preclude her from an award of benefits as a matter of law, as the Administrative Law Judge seems to suggest.

We remand this case to the Administrative Law Judge to consider the law and the evidence in this case in light of the cited published opinions and for additional findings thereafter. Consequently, we do not make any findings on the merits on appeal.

The claimant’s attorney is hereby awarded an attorney’s fee in the amount of $250.00 in accordance with Ark. Code Ann. § 11-9-715(b)(1) (Repl. 1999). See, Belcher v. Holiday Inn, 50 Ark. App. 148, 900 S.W.2d 215 (1995); Crow v. Weyerhauser Co., 41 Ark. App. 225, 852 S.W.2d 334 (1993); Harte v. City of Rogers, Full Workers’ Compensation Commission, Opinion filed November 29, 2000 (W.C.C. No. E906998).

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner