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Campbell v. Travelers Insurance Co.2/7/2002
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated ยง50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee appeals the trial court dismissal of her claims that a chemical exposure at work caused her disability. We affirm.
Tenn. Code Ann. * 50-6-225(e) (1999) Appeal as of Right; Judgment of the Knox County Circuit Court is Affirmed.
Howell N. Peoples, Sp. J., delivered the opinion of the court, in which William M. barker, Justice, and John K. Byers, Sp. J., joined.
MEMORANDUM OPINION
I. BACKGROUND FACTS
On April 29, 1996, Mary Jane Campbell (Campbell) was employed by Southern Insurance Specialists, Inc. (SIS) as an account representative. When Campbell came to work that Monday morning, she noticed a strong chemical odor that others, including Mr. Ron Miller, president of SIS, noticed as well. Towards the rear of the SIS offices, Campbell noticed numerous dead ants. Campbell began coughing and for the rest of the week experienced lethargy at work and home. Additionally, she complained of a sore throat and dry mouth. Campbell reported that her ability to concentrate and remember tasks declined as well. The next workweek, she began experiencing tremors. At this time, Campbell went to see her family physician, but the treatment she received was not beneficial. As her symptoms continued, Campbell went to see another primary physician who prescribed an asthma inhaler, which was of some benefit. Significantly, she was also referred to another physician who ran tests for reactions to pesticides and those tests came back negative.
Campbell did not file a workers' compensation claim until encouraged to do so by Mr. Miller. SIS's insurer, the Travelers Insurance Company (Travelers), then began to arrange medical care for Campbell. In July 1996, Campbell saw Dr. Philip Edelman, a specialist in occupational and environmental medicine. During his initial examination, Dr. Edelman noticed some minor tremors in Campbell. He also ordered numerous blood tests to be performed, including tests specifically designed to detect the presence and effects of the chemical pesticide class known as organophosphates, of which Diazinon is a member. All of these tests came back negative.
At some point prior to her visit with Dr. Edelman, Campbell came to suspect she was exposed to Diazinon on April 29, 1996 while at work at SIS. This belief is apparently founded on the chemical smell and the dead ants noticed that day.
In later visits, Dr. Edelman continued to notice the tremors in Campbell, but felt that those tremors could not be related to Diazinon exposure because of the way in which the body responds to Diazinon exposure. In essence, Diazinon destroys an enzyme, cholinesterase, in the body, that affects neurological functioning; over time, that enzyme returns to the pre-exposure levels. Campbell's cholinesterase levels had returned to and remained at normal level. Campbell had been back for half a day in the office area where she noticed the chemical odor just prior to seeing Dr. Edelman on July 11, 1996. Accordingly, Dr. Edelman ruled out Diazinon as the cause of Campbell's continued medical difficulties.
Campbell continued to explore the Diazinon possibility and through contact with the Chemical Injury Information Network, learned of Dr. Allan Lieberman at the Center for Environmental and Occupational Medicine in South Carolina. She first saw Dr. Lieberman on January 8, 1997. Dr. Lieberman diagnosed Campbell as being genetically "hypersensitive" to organophosphate
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