dissenting. Appellant suffers from an occupational disease, and appellees do not dispute that her condition was caused by her employment. They merely claim that she is prevented from recovering benefits because she failed to give written notice to her employer that she was suffering from an occupational disease within ninety days of the first manifestation of the disease and that her failure was not excused.
In this case, the Commission found that the employee should have been aware that her disease was occupational, but, at the same time, found that the employer did not have sufficient knowledge of the causal connection between appellant’s work and her disease to excuse the notice requirement. Under the facts of this case, these two simultaneous findings are irreconcilable.
The Commission found that appellant knew or should reasonably be expected to be aware of the extent or nature of her injury in October 1998. On October 5, appellant’s treating physician diagnosed “questionable reactive airway disease secondary to environmental exposure.” On October 7, the doctor noted: “There is some question of whether it is located at her work that it may be causing her to have some wheezing and shortness of breath episodes.” Then on October 14: “She is apparently exposed to aluminum dust and upon removal that resolved.” Appellant remained off work four or five weeks after this exposure to the aluminum dust.
The employer’s human- resource director testified that she was responsible for processing workers’ compensation claims, insurance, and other paper work related to employees’ injuries and illnesses. She stated that when appellant was off work for the five weeks, she filed an illness report and she understood that appellant was ill with bronchitis-type symptoms. She also helped appellant fill out her disability form, which she believed was appropriate, related to appellant’s condition. Then in 1999, she filed another illness report. The doctor’s report at that time said that appellant’s condition was work related, so she filed a worker’s compensation claim on behalf of appellant.
Our analysis must focus upon whether the employee had knowledge that she had a claim cognizable under workers’ compensation law. See Desoto, Inc. v. Parsons, 267 Ark. 665, 590 S.W.2d 51 (Ark. App. 1979) (employee had not been in position to give notice of injury because she had not been aware, until notified by her union, that she had a claim cognizable under Workers’ Compensation Law and that employer and carrier had not been prejudiced by failure of notice).
In this case, both the employee and the employer were aware of the employee’s physical impairment in October of 1998, and the employer assisted the employee in completing the necessary insurance forms and documentation concerning her disability. As the employer’s human resource director testified, when she filed the subsequent illness report in 1999, the doctor’s report said the employee’s condition was work related so she filed a worker’s compensation claim. On these facts, either the employer and the employee both had knowledge that the injury was work related, or neither had knowledge. I would reverse.
Gladwin, J., joins.