CLAIM NO. E301371
Before the Arkansas Workers’ Compensation Commission
OPINION FILED DECEMBER 2, 1994
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by CHARLES BARNETTE, Attorney at Law, Texarkana, Arkansas.
Respondent represented by ROBERT RUSSELL, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Affirmed.
[1] OPINION AND ORDER
[2] This matter comes on for review by the Full Commission from the decision of the Administrative Law Judge filed on July 21, 1994 and an amended opinion filed on August 4, 1994 finding that claimant has failed to prove by clear and convincing evidence that decedent’s death by meningitis is causally related to her work at respondent.
[5] Based upon a de novo review of the record, claimant has failed to prove by clear and convincing evidence that decedent’s death is casually connected to decedent’s employment. [6] Claimant apparently contends that decedent contracted meningitis from either illegal aliens that were supposedly on respondent’s premises at some point during decedent’s employment and supposedly had meningitis or from another employee. However, claimant has failed to offer sufficient evidence to establish a causal connection between the illegal aliens and decedent’s death. A review of the record indicates that on July 29, 1992, Mr. Craig Weinbrenner for the U.S. Border Patrol conducted a raid at respondent’s. At that time, there were several illegal aliens who were arrested and deported. However, there is no testimony that these illegal aliens had meningitis. Furthermore, there is insufficient evidence that decedent had any contact with these people before they left. Additionally, the raid was conducted on July 29, 1992 and decedent did not become ill until January 11, 1993. By claimant’s own witnesses’ testimony, meningitis exposure typically has a two to ten day incubation period, not a six month or five and one half month incubation period. To conclude that the presence of illegal aliens at respondent’s on July 29, 1992 resulted in decedent contracting meningitis on January 11, 1993 would require one to resort to speculation and conjecture. [7] Furthermore, there does not appear to be sufficient evidence to prove that decedent caught the disease from another co-employee. The evidence indicates that 25% of people carry the meningitis disease without symptoms. These carriers can pass on the disease to other people. Therefore, decedent could have contracted this disease from any individual she came in contact with, including family. [8] Additionally, there are no medical opinions regarding decedent’s contraction of meningitis. The medical records are silent as to a causal connection between decedent’s death and her employment. Obviously, without any medical evidence, and without corroborating other evidence, claimant has failed to prove by clear and convincing evidence a causal connection between decedent’s employment and her meningitis. [9] For the foregoing reasons, we affirm the decision of the Administrative Law Judge. [10] IT IS SO ORDERED.(1) `Occupational disease’, as used in this chapter, unless the context otherwise requires, means any disease that results in disability or death and arises out of and in the course of the occupation or employment of the employee, or naturally follows or unavoidably results from an injury as that term is defined in this chapter. However, a causal connection between the occupation or employment and the occupational disease must be established by clear and convincing evidence.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner
[11] Commissioner Humphrey dissents.