Dr. Greg Bath and American Economy Insurance Co. v. Virginia Lee Olinger, 1203164

Background

Claimant (Virginia Lee Olinger) worked as an administrative assistant and on Aug. 3–6, 2015, was exposed at work to noxious fumes traced to an overheating backup battery in the office computer system.
After initial symptoms (burning in nose/eyes/throat/ears and coughing) that persisted and worsened, the fire department identified the battery as the odor source; later the battery was found to contain sulfuric acid and other chemicals.
Claimant sought treatment: Dr. Jose (Patient First) noted possible reactive disease from fumes; Dr. Bazaco (pulmonary) diagnosed reactive airway disease and later hyperresponsive airways disease related to battery chemical exposure; Dr. Lee reviewed the battery MSDS and opined the lung condition was more likely than not caused by inhalation of sulfuric acid.
The deputy commissioner awarded temporary total disability (Aug. 25–Oct. 13, 2015) and ongoing medical benefits, finding the condition a compensable ordinary disease of life caused by employment exposure.
The Virginia Workers’ Compensation Commission affirmed; employer/insurer appealed, challenging causation, reliance on treating physicians, and whether the condition was an aggravation of a preexisting respiratory problem.

Issues

Issue	Plaintiff's Argument (Olinger)	Defendant's Argument (Employer/Insurer)	Held
Whether claimant proved compensable ordinary disease arising out of employment	Exposure to office battery fumes directly caused reactive airway disease; treating doctors so opined	Medical opinions relied on incorrect facts, failed to rule out other exposures, and condition was preexisting/aggravation	Commission’s factual findings affirmed: credible evidence (medical opinions + testimony) established causation and compensability
Whether disease resulted from causes outside employment	No—symptoms began and worsened after workplace exposure; no prior lung diagnosis	Other exposures or preexisting conditions could explain symptoms	Commission reasonably found no evidence of prior reactive airway disease and distinguished claimant’s migraines/odor sensitivity from new respiratory symptoms
Whether claimant had to produce exclusive medical proof of causation	Testimony and treating physicians’ opinions suffice along with circumstantial evidence	Employer argues medical opinions were unreliable/insufficient	Court: causation may be proven by medical and circumstantial evidence; Commission as factfinder may credit treating physicians and claimant testimony
Whether condition was merely an aggravation of a preexisting condition	Claimant had no prior respiratory diagnosis; symptoms distinct from prior migraines	Employer: employment only aggravated preexisting respiratory problem	Commission reasonably found no preexisting respiratory disease and that employment exposure was proximate cause

Key Cases Cited

Tex Tech Indus., Inc. v. Ellis, 44 Va. App. 497 (discusses causation standards for occupational disease)
Artis v. Ottenberg’s Bakers, Inc., 45 Va. App. 72 (standard of review: view evidence in light most favorable to prevailing party below)
Farmington Country Club, Inc. v. Marshall, 47 Va. App. 15 (causation may be proved by medical or circumstantial evidence, including claimant testimony)
Steadman v. Liberty Fabrics, 41 Va. App. 796 (claimant must prove disease did not result from causes outside employment)
Teasley v. Montgomery Ward & Co., 14 Va. App. 45 (ordinary disease of life merely aggravated by employment is not compensable)
Herbert Clements & Sons, Inc. v. Harris, 52 Va. App. 447 (causation is a factual finding for the Commission)
Perry v. Delisle, 46 Va. App. 57 (appellate deference to Commission findings when credible evidence supports them)