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Sauer v. Tiffany Laundry and Dry Cleaners2/28/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Fifth Judicial Circuit Brown County, South Dakota Hon. Jack R. Von Wald, Judge
Argued on October 24, 2000
Opinion Filed 2/28/2001
[ .] In this appeal, we consider whether an employee who developed skin and bronchial problems coincident with her employment in a commercial laundry suffered from an occupational disease. The Department of Labor denied her claim, concluding that the employee could not meet the statutory definition of an occupational disease because her condition was not peculiar to her occupation. On appeal, the circuit court affirmed, and we uphold that decision.
Background
[ .] Debrah Sauer is a lifelong resident of Aberdeen, South Dakota. After graduating from high school, she pursued different jobs, including employment as a waitress, a store clerk, and a telephone representative. In August 1986, she began working at Tiffany Laundry. Her duties included folding laundry, helping with the dryer, and feeding wet sheets into a mangle. Before her employment with Tiffany, her health history was unremarkable. She had never been to a dermatologist or an allergist and had no prior episodes of asthma or respiratory difficulty.
[ .] A month after she started working at Tiffany, she noticed a rash on her hand. She told her supervisor, who recommended Benadryl cream. Sauer later testified that she knew of other Tiffany employees who also developed rashes. Her condition, however, became more complicated. In November and December 1986, the rash on her hand transformed into hives. She sought treatment from her family physician. He prescribed steroids, but her ailment continued to deteriorate. Hives covered her face and caused her lips and eyes to swell.
[ .] In March 1987, Dr. Redmond, an Aberdeen dermatologist, examined Sauer and diagnosed uticaria, the medical term for hives. He prescribed a different medication. As Sauer felt her condition was related to bleach exposure at Tiffany, Dr. Redmond spoke with her supervisors about keeping her away from bleach products. Sauer continued to experience problems at work, but reported that her symptoms would abate while she was away from the laundry. At work, in addition to the hives, she experienced breathing difficulties and tightness in her throat. Dr. Redmond could not control Sauer's condition with medication and eventually recommended that she resign. In July 1987, she left her employment with Tiffany.
[ .] Because Sauer's health problems were attributed to bleach, all such products were removed from her household. Approximately two months after she left Tiffany, her symptoms subsided. She was symptom free until January 1988, when she experienced another outbreak after a relative who worked at Tiffany visited her home. Sauer suffered hives and tightness in her throat. She believed that it was caused by the presence of bleach on the relative's clothing. After this encounter, Sauer stayed away from bleach products and was generally asymptomatic.
[ .] In January 1989, Sauer began working as a dietary assistant at the Aberdeen Living Center. From January to May, she worked in the kitchen and dining area without incident. In May, she noticed a strong smell of bleach when janitors were cleaning the dining room floor. She testified that after noticing this smell her neck started to swell and she began to get "little hives." She went home for the afternoon. Later, she told Dr. Redmond of her exposure. She quit her job per his advice and has not been employed since. From 1989 her condition worsened to a point where she could no longer leave home. According to Sauer, the presence of bleach, ch
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