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Parisi v. Yale University6/21/2005
The plaintiff, Mark Parisi, appeals from the decision of the workers' compensation review board (board) affirming the dismissal of his claim by the workers' compensation commissioner (commissioner). On appeal, the plaintiff claims that the board improperly affirmed the dismissal because (1) the commissioner improperly relied on certain medical testimony that should have been precluded and (2) the plaintiff was unfairly surprised by a defense raised only after that medical testimony was submitted. We affirm the decision of the board.
The following facts, relevant to the plaintiff's appeal, were found by the commissioner. The plaintiff had been employed by Yale University, the defendant, as a supervisor in the university photo services department. In 1985, he was transferred to a new position as the supervisor of custodial services for Yale University. He managed buildings and supervised crews that cleaned, maintained and repaired chemical laboratories, museums and athletic areas. He alleged that his crews used paint chemicals, cleaning chemicals and stripping chemicals in the course of their duties. He owned a sailboat while he was employed at Yale University. He maintained the boat by varnishing, waxing, painting and oiling it. He was exposed to sand and paint while working on the boat.
The plaintiff alleged that he began to develop shortness of breath in October, 2000, and that he was treated at an emergency room in October or November, 2000. Shortly thereafter, on November 9, 2000, the plaintiff was examined by John Toksoy, a physician. The plaintiff gave a history that he had been experiencing shortness of breath due to cooking smells, smoke, dust and perfume. The history included a note that he had walked through a smoke-filled bar on November 7, 2000, and developed shortness of breath resulting in an evaluation and testing at Yale-New Haven Hospital. Toksoy restricted the plaintiff's work duties by advising him to avoid inhaling chemicals such as cleaning and buffing compounds.
On December 7, 2000, the plaintiff was examined by Dorothy van Rhijn, a physician at Yale Health Services. Van Rhijn recommended evaluation by occupational environmental medicine and noted that the plaintiff had had many exposures to chemicals that were not job related and that he was out of work because he could not be exposed to cleaning chemicals.
On April 18, 2001, the plaintiff was examined by Jay Mobo, a physician at the Yale University occupational and environmental clinic. After a number of tests with negative or normal results, Mobo diagnosed the plaintiff with multiple chemical sensitivity syndrome, and indicated that its pathophysiology is ill-defined and that it is a clinical diagnosis. Mobo opined that there is no curative treatment and recommended that the plaintiff minimize his exposure to chemicals. The plaintiff had given a history to Mobo that his symptoms increased with exposure to dust, perfumes, pollen, cooking fumes and cold weather, and exposure to cleaning solvents, floor finishing products and dust in his work.
Although the plaintiff ceased working on November 8, 2000, Yale University did not terminate his employment until November 8, 2001. The plaintiff sought compensability of his claims for multiple chemical sensitivity, payment for medical treatment, interest and attorney's fees. On October 18, 2001, the defendant submitted a form 43 notice indicating that it would challenge the plaintiff's claim. The notice provided that "any alleged multiple chemical sensitivity syndrome is personal and not causally related to employment."
At a hearing, held on May 1, 2002, the commissioner asked counsel to state their claims. Counsel for
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