Sweeney v. Industrial Accident Commission

BRAY, J.

Petition for a writ of certiorari to review orders of the Industrial Accident Commission denying (1) petitioner a permanent disability rating and (2) petition for rehearing.

Questions Presented

1. Is the commission’s denial of permanent disability rating based on the assumption that petitioner’s sensitivity to cinnamon is nonratable or on absence of proof of permanent disability? 2. If the latter, does the evidence support the commission’s finding?

Record

Petitioner filed with the Industrial Accident Commission a claim against Masonic Homes of California, a corporation, and Employers Liability Assurance Corporation, as the employer’s insurer, for permanent disability under the Workmen’s Compensation Act. This claim was resisted. The commission held a hearing and thereafter denied the claim. Petitioner then petitioned for a rehearing. This, too, was denied.

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Facts

Petitioner had worked as a baker since 1922, during which time he handled cinnamon without harmful results. In November, 1948, he was employed by Masonic Homes as a pastry baker. In February he developed a rash on his hands which became so acute that he quit work on March 10, 1949. The commission determined that he had contracted a disabling dermatitis due to sensitivity to cinnamon, and gave him temporary total compensation. The condition disappeared in April and he went to work as a baker for another employer. After three days the condition reappeared and a few days later he was forced to quit. After a short period of rest the condition disappeared. Twice later he went to work for other employers, and after extremely short periods of employment he again broke out with dermatitis due to his sensitivity to and contact with cinnamon. Each time he received total compensation. Each time his dermatitis cleared up on cessation of contact with cinnamon and reappeared upon subsequent exposure. He then filed his petition for a permanent disability rating.

Medical Evidence

Petitioner submitted the reports of five medical doctors, one of whom, Dr. Epstein, was his personal physician. They all agreed substantially that at the present time he is sensitive to cinnamon and that exposure to it produces dermatitis. None of the doctors other than Dr. Epstein reported that this sensitivity either is or is not permanent. The only medical evidence in the record is the following in Dr. Epstein’s report: “Because this skin test is still positive to cinnamon, the patient would still be unable to work as a baker without having a recurrence of his skin eruption as long as he contacts cinnamon. This skin sensitivity to cinnamon will probably remain for an indefinite period of time,