Pereira v. Dow Chemical Co

In Pereira v. Dow Chemical Co. (1982) 129 Cal. App. 3d 865, a worker spilled a dangerous chemical on his pants, below his protective apron. He used a solvent to clean it off. The spill occurred in January 1974. Two weeks later, a small rash appeared on each of his legs. It disappeared without treatment. Two months later, his ankles began to swell and his doctors diagnosed a kidney malfunction. They discussed with the injured worker "the possible causal connection between the spilled chemical and a nephrotic syndrome ["Nephrotic" refers to the kidneys]" ( id. at p. 869) and " 'the likelihood of possible toxic effects from the chemicals as well as the probable immunologic aspects of his disease' " ( id. at p. 870). The injured worker was advised to return to work and " 'avoid intimate contact with the chemicals for the moment . . . .' " (Ibid.) The disease continued to worsen, until by June 1974, it extended to the worker's waist. He filed a workers' compensation claim on July 16, 1975. As a result of that filing, he obtained access to his medical files which included a letter sent in January 1975 from his physician to his employer's insurance carrier saying that the cause of kidney disorder was " 'most likely toxic, having been caused by the spilled chemical' . . . ." ( Id. at p. 870.) A complaint was filed against the manufacturer and distributor of the chemical on January 14, 1976. The Court of Appeal reversed summary judgment granted in favor of the defendants based on the running of the statute of limitations.