Karen Farmer v. Zurich-American Insurance Co.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that during the course of her employment by Porter Paints she contracted asthma, an occupational disease, which resulted in partial, permanent physical disability, all of which was denied by the defendant. The trial judge found that the plaintiff suffered occupational asthma, causing her to be 5 percent permanently partially disabled and benefits were awarded accordingly. The issue presented for review is whether the finding of job-related asthma is supported by a preponderance of the evidence. I The plaintiff was initially employed by Porter paints in 1991 as a decorator. About one year later, she was transferred to a Broadway store in Nashville, which catered to commercial customers. This store prepared two- part industrial paints, referred to as epoxies, one part of which, hythane, contained a chemical known as hexamethylene diisocyanate [HDI]. an isocyanate. In 1993, the Broadway store compounded a large quantity of hythane for a customer who had contracted with Vanderbilt University to paint its stadium. The plaintiff became ill, attended by coughing and wheezing, shortness of breath and congestion. Her family physician diagnosed bronchitis, prescribed antibiotics, and recommended absence from work for one week. Upon her return, she experienced a severe episode of wheezing and shortness of breath and was instructed to leave the store. She was thereupon referred to a pulmonary specialist, Dr. Eric Dyer, who made a tentative diagnosis of asthma caused by exposure to TDI, an isocyanate commonly found in paints. 2