General Information

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.