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English v. Lescoa, Inc.
Citations: 241 N.W.2d 225; 67 Mich. App. 403; 1976 Mich. App. LEXIS 1251Docket: Docket 23612
Court: Michigan Court of Appeals; February 11, 1976; Michigan; State Appellate Court
Beverly English developed dermatitis during her employment with Lescoa, where she worked for approximately 2.5 years. After several flare-ups, she left Lescoa, briefly worked at Red Line, and then at Teledyne, where her dermatitis reappeared, ultimately forcing her to stop working. English applied for workmen's compensation benefits and was awarded disability benefits after a hearing, with the hearing examiner assigning liability to multiple defendants without apportioning the benefits. The Workmen's Compensation Appeal Board upheld this decision. Teledyne appealed, arguing it should not be held liable and that the appeal board should have granted apportionment of liability among her prior employers. The court reviewed whether there was competent evidence supporting the appeal board's findings and found none of the allegations of fraud raised by Teledyne would warrant overturning the board’s ruling on liability. The court confirmed that dermatitis is recognized as an occupational disease, and Teledyne could seek apportionment if it could demonstrate that English's prior employment contributed to her condition. The appeal board had determined that her dermatitis from Teledyne was an aggravation of a pre-existing condition, which warranted apportionment. The court affirmed the board's decision on liability but remanded the case for apportionment in accordance with relevant statutes, indicating that Teledyne was entitled to have the liability apportioned among the employers.