Smith v. Season's Manufacturing2/6/2002
REVERSED.
Rebecca Smith, the Plaintiff, appeals a judgment of the Office of Workers' Compensation determining that Smith was temporarily, totally disabled and required to cooperate with the Defendant's Vocational Rehabilitation counselor. For the following reasons, we reverse the judgment of the lower court, and we find that the Plaintiff is permanently, totally disabled.
BACKGROUND AND PROCEDURAL FACTS
Rebecca Smith, age 42, is the mother of five children and married to Brad Smith, a loan review specialist. Smith graduated from high school in 1977, and she immediately entered the garment industry. Through the years, she was employed as a clothing salesperson at several retail establishments including owning her own boutique. Then, in March 1988, she began working for the Defendant, Seasons Manufacturing ("Seasons"), a company which develops clothing lines and manufactures clothing. Initially, she was employed at Seasons in marketing; however, she was eventually promoted to the Director of Marketing and Design.
Her job duties included the following: supervising the sales representatives, designing clothing, opening and closing outlet stores, and traveling to and from market around the country developing clothing lines.
While working with Seasons, the Plaintiff began developing chronic sinusitus, dermatological symptoms, and headaches. Her condition progressively worsened causing her to miss work, but her condition went undiagnosed. Then, Dr. Robert Tarpy sent the Plaintiff for an evaluation at the Environmental Health Center in Dallas where she was diagnosed with a rare, disabling chemical sensitivity caused by repeated, daily intense exposure to formaldehyde found in fabrics. This condition ultimately resulted in two in-patient and one out-patient sinus surgical procedures. Smith's condition continued to worsen, and she became too sick to work. Her last day of employment at Seasons was June 18, 1993.
Seasons agreed that the Plaintiff suffered from exposure to formaldehyde and that she developed her sickness in the course and scope of her employment at Seasons. The Defendant also recognized that Mrs. Smith was temporarily, totally disabled and began paying weekly indemnity benefits from June 18, 1993, and continued throughout the trial. In a seven year period following her last day of employment, Seasons retained two companies to offer vocational rehabilitative services to Smith; however, both attempts were unsuccessful.
Unfortunately, formaldehyde-based chemicals are present in dyes, tobacco smoke, plywood, disinfectants, deodorants, and other many other products making work outside the house in a formaldehyde free environment almost impossible. Thus, Seasons continued to pay Smith temporary, total disability benefits.
Then, in January 2000, Dr. William Nasetta, a physician chosen by Seasons, evaluated Smith and gave the medical opinion that the Plaintiff would be able to return to work in a formaldehyde-free environment. After this evaluation, Seasons switched Smith's benefit status from temporary, total disability to supplemental earnings benefits without reducing her rate of compensation. At the same time, Dr. Tarpy, the Plaintiff's treating physician, was of the medical opinion that Smith could not return to work. Thus, on March 30, 2000, Smith filed a Disputed Claim for Compensation with the Office of Workers' Compensation claiming that her "wage benefits were terminated or reduced on 02/02/00 to SEB status." In addition, Smith requested that the court change her disability status from temporarily, totally disabled to permanently, totally disabled. Following the suit, Seasons again attempted to rehabili
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