RICHARD H. TERRELL, Complainant
PABST BREWING COMPANY
BREWERY WORKERS LOCAL UNION #9, DALU, Respondents
The Examiner of the Department of Industry, Labor and Human Relations issued a decision in the above captioned matter on June 14, 1979. Complainant filed a timely petition for Commission review and subsequently submitted written arguments in support of the petition for review.
Based upon a review of the record in its entirety, the Labor and Industry Review Commission issues the following:
That the decision of the Examiner is affirmed by the Commission and shall stand as the final Order herein, subject to the following modification:
That paragraph 3 of the Conclusions of Law shall be deleted.
Dated and mailed March 4, 1981
/s/ Virginia B. Hart, Chairman
/s/ John R. Hayon, Commissioner
The Examiner found that "Complainant failed to demonstrate that he in fact suffered from any handicap during his period of employment by the Respondent, Pabst Brewing Company." Complainant's testimony that he developed ulcers in 1965 and that he had bronchitis in 1972 is uncontroverted. The Commission has never held a short-term illness as bronchitis to be a handicap.
However, chronic ulcers could be a handicap. In Lienhardt v. Pacon Corporation, et al., ERD Case #7401277, the Commission held that where it was undisputed that Complainant suffered from a heart condition that was enough to conclude that Complainant was handicapped. Here, Complainant's uncontroverted statement that he developed ulcers in 1965 as well as medical records indicating Complainant had visited a doctor and had been hospitalized in connection with ulcers prior to 1971, may be enough to establish probable cause to believe that Complainant did have a handicap during at least part of the period he worked for Pabst Brewing Company. However, there is no evidence that Complainant had been treated for an active ulcer after October, 1970 or that such handicap existed in 1972.
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