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02/11/76 ENGLISH v. LESCOA

February 11, 1976

ENGLISH
v.
LESCOA, INCORPORATED



Appeal from Workmen's Compensation Appeal Board.

Danhof, P. J., and Quinn and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Workmen's Compensation -- Appeal Board -- Findings of Fact -- Appeal and Error -- Allegations of Fraud.

The general rule is that if there is competent evidence to support the Workmen's Compensation Appeal Board's findings of fact, the Court of Appeals is not at liberty to disturb the board's ruling, absent allegations of fraud.

2. Workmen's Compensation -- Appeal Board -- Appeal and Error -- Correct Legal Standard.

The Court of Appeals may determine whether or not the Workmen's Compensation Appeal Board applied the correct legal standard.

3. Workmen's Compensation -- Occupational Disease -- Dermatitis.

It is well established that dermatitis is an occupational disease.

4. Workmen's Compensation -- Appeal Board -- Diseases -- Aggravation of Diseases -- Apportionment -- Prior Employment.

A defendant employer is entitled to apportionment if it is established by the Workmen's Compensation Appeal Board's findings of fact that the disease is an aggravation of a pre-existing condition and that the claimant's prior employment contributed to the claimant's disease.

The opinion of the court was delivered by: Per Curiam

Claim by Beverly English against Lescoa, Incorporated, Liberty Mutual Insurance Company, Red Line Restaurant, Aetna Casualty and Surety Company, Teledyne Electro Finishing and Argonaut Insurance Companies, for workmen's compensation benefits. Benefits awarded against Lescoa, Incorporated and Teledyne Electro Finishing. Teledyne Electro Finishing and its insurer appeal by leave granted.

Beverly English contracted dermatitis while employed by Lescoa during approximately a 2-1/2 year period. After several attacks of dermatitis she left Lescoa and eventually went to work for Red Line. While employed there the dermatitis showed some signs of reappearing. She then went to work for Teledyne where she was employed for a period of approximately 6 to 7 months. While working for Teledyne the dermatitis reappeared and she was forced to stop working. Since leaving Teledyne, Mrs. English has been unable to work.

At that point Mrs. English applied for workmen's compensation benefits. Following a hearing she was awarded disability benefits against the defendants. The hearing examiner fixed the liability of each of the defendants and determined that this was not a case for apportionment of the continuing benefits. The Workmen's Compensation Appeal Board affirmed the hearing examiner with a lengthy ...


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