Giant Eagle Inc. v. Workers' Compensation Appeal Board3/5/1999
SUBMITTED: October 7, 1998
Giant Eagle, Inc. (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) to grant the claim petition of Mary Thomas (Claimant).
Claimant began working part-time as a baker-in-training for Employer in May of 1992, at which time Claimant suffered from a pre-existing asthma condition which she was treating with the medications Seldane, Proventil and Atrovent. On June 13, 1992, Claimant developed a rash on her neck, face and arms and a mild shortness of breath while working her regularly scheduled shift. Claimant sought medical attention as an outpatient at South Side Hospital, and her symptoms subsided within three days of the episode. A company dermatologist referred Claimant to an allergist, who then treated Claimant through October 1992. Prior to June 13, 1992, Claimant had never experienced a similar episode as she did on that date, despite having previously worked as a baker, nor has she experienced a similar medical problem since that time.
On September 29, 1992, Claimant filed a claim petition for workers' compensation benefits alleging that, on June 13, 1992, she suffered a disabling work-related injury described as "Rash--welts on forearms; slight breathing; slight redness on throat area." Employer filed an answer denying the material allegations of the claim, and hearings were held before a WCJ.
In support of her petition, Claimant testified on her own behalf, and the WCJ made the following findings of fact relevant to her testimony:
"Claimant began working as a baker-in-training for [Employer] approximately one month prior to June 13, 1992."
"At the time of her hire, laimant suffered from asthma, and was being treated with three different medications, Seldane, Proventil, and Atrovent."
"At mployer's workplace, laimant was exposed to, inter alia, flour and baker's yeast."
"On June 13, 1992, laimant suddenly developed a rash on her face, neck, and arms, accompanied with mild shortness of breath, while in the third hour of her regularly scheduled shift in the bakery department. Claimant immediately sought treatment at South Side Hospital, where she was prescribed Benadryl and Topicort, and advised to not return to work."
"Claimant's symptoms abated within three days of the alleged injury date."
"Claimant subsequently sought treatment, at [Employer's] suggestion, with Dr. Rebecca Caserio, a dermatologist, who referred her to Dr. Richard L. Green, an allergist. Dr. Green treated laimant from July through October of 1992. According to laimant, neither Dr. Green nor any other physician ever released her to return to work."
"Claimant has never experienced, before or after June 13, 1992, an attack similar to that which she sustained on that date, despite having previously worked as a baker."
"Following the June 13, 1992 episode, laimant continued to take Seldane, Proventil, and Atrovent without incident." (WCJ's Decision at 2-3; Reproduced Record (R.R.) at 7a -- 8a.)
Claimant also presented the narrative reports dated July 9, 1992, August 28, 1992, and September 16, 1992, from her allergist, Dr. Richard Green. Dr. Green's July report indicated that he had suggested that Claimant undergo a complete allergy survey. After completing such a survey, Dr. Green found that Claimant tested positive for allergies to house dust, molds, feathers, late pollinating trees and ragweed, but exhibited minimal reactivity to baker's yeast. Although Dr. Green was unable to identify the specific allergen responsible for Claimant's episo
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