Legal

Court Findings

 

Former DJ Wins Lawsuit Against Employer Over Perfume Allergy

Erin Weber, a former DJ at Detroit country station WYCD-FM, wins a $10.6 million federal jury verdict against her former employer for wrongful termination over a co-workers perfume.

 

United States Bankruptcy Court, D. North Carolina, Winston-Salem Division.  Case No. 09-51791 (2010)

Home modifications that were necessary to meet an environmentally ill debtor's medical needs are exempt from bankruptcy as professionally prescribed health aids.

 

McBride v. City of Detroit (2010)

McBride, a chemical and fragrance sensitivity woman, was awarded a fragrance free policy for the city of Detroit and $100,000 settlement.

 

Kennedy v. Eden Advanced Pest Technologies (2008)
The Oregon Court of Appeals ruled scientific expert testimony on multiple chemical sensitivity (MCS) may
not be excluded from testimony.

 

St. Lawrence Cement Inc. v. Barrette (2008)

In the Supreme Court of Canada, a polluter was successfully sued for excessive annoyances even though they had complied with government regulations governing emissions such as noise, odor, and dust.

 

Creamer v. Callahan (1997)

ALJ relied on agency physician statement that MCS is not a medically acceptable diagnosis, denied benefits at non-severe stage of sequential analysis. On appeal, the commissioner filed brief in District Court stipulating that SSA does recognize MCS as a medically determinable impairment. remanded to allow ALJ to complete sequential analysis.

 

Shore v. Callahan (1997)

Primarily CFS case, with additional impairment of chemical exposure problems. The District Court reversed ALJ finding that plaintiff could return her past clerical work, and remanded for payment of benefits. Plaintiff suffered from metal toxicity (aluminum) and multiple allergies which contributed to her overall disability.

 

Vogt v. Chater (1997)

The Court reversed ALJ denial. Held, inter alia, that ALJ had improperly failed to credit the opinion of the environmental specialist that plaintiff was totally disabled by chemical sensitivities.

 

Kouril v. Bowen (1990)

Seminal case, extensive discussion on effects of multiple chemical allergies on ability to function in workplace. Medical documentation of multiple allergies to both industrial chemical and regular household irritants was not contradicted. The ALJ denial based on ability to return to past work was reversed and remanded to complete balance of sequential analysis.

 

 

Government Letters and Reports

 

Submission To The Draft Disability (Access To Premises – Buildings) Standards (Australia, 2009)

Disability (Access to Premises – Buildings) Standards should ensure access that:

· Safeguards human rights and disability rights;

· Ensures equity of access to buildings;

· Ensures equity of access to necessary services;

· Ensures that people with Multiple Chemical Sensitivity/Environmental Sensitivities (MCS/ES) disability are able to take part in the community the same as people who do not have MCS/ES disability.

 

Draft Regulatory Concepts to Prevent Pesticide Contamination of Surface Water (California, 2009)

This letter is to inform you that the Department of Pesticide Regulation (DPR) plans to develop additional regulations to prevent pesticide contamination of surface water.

 

Guidelines and Specifications for the Green Cleaning Schools Act [105 ICLS 140] (2008)

State of Illinois Green Governments Coordination Council

 

Obama to Gage - Importance of the Environmental Protection Agency (EPA) in an Obama Administration (2008)

Barrack Obama’s letter on the importance of the Environmental Protection Agency (EPA) in an Obama Administration.

 

(CANADA) Accommodation for Environmental Sensitivities: Legal Perspective (2007)

The Canadian Human Rights Commission commissioned this report, in which the researchers seek to establish the status of the issues related to environmental sensitivities from a legal perspective and as these relate to the protection of human rights. The researchers examined case law, consulted experts and examined secondary sources on accommodation of people with environmental sensitivities in Canada, the United States, Australia, New Zealand and the United Kingdom.

 

Options for Enhancing the Effectiveness of the Toxic Substances Control Act

United States Government Accountability Office Testimony Before the Subcommittee on Commerce, Trade, and Consumer Protection, Committee on Energy and Commerce, House of Representatives

 

Department of Education - Multiple Chemical Sensitivity Policy and Resources (2001)

 

 

Referrals

 

Mold and Indoor Air Quality Expert Witnesses and Consultants

Law Offices of Michael Pines

"For the skeptic there remains only one consolation: if there should be such a thing as superhuman law it is administered with subhuman inefficiency."  Eric Ambler

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