A federal appeals court upheld workers compensation benefits for a former shipyard painter who developed breathing difficulties after years of exposure to paint fumes, chemicals and sandblasting materials.
In Jeffboat Inc. and American Longshore Mutual Association Ltd. v. Director, Office of Workers’ Compensation Programs, and Calvin F. Chaffers, the 7th U.S. Circuit Court of Appeals affirmed a Benefits Review Board decision awarding benefits under the Longshore and Harbor Workers’ Compensation Act.
Mr. Chaffers worked at Jeffboat’s Jeffersonville, Indiana, shipyard from 2005 to 2017 as a painter, paint inspector and supervisor. He alleged that exposure to toxic paints, thinner, welding fumes, sandblasting particles and other substances caused or aggravated pulmonary problems.
An administrative law judge credited the opinion of Mr. Chaffers’ medical expert, who attributed his emphysema and restrictive lung impairment in part to workplace exposures and assigned a 14% permanent impairment rating. Jeffboat’s expert disputed that Mr. Chaffers had a pulmonary disease and suggested his symptoms could be related to smoking or other health conditions.
The appeals court said substantial evidence supported the administrative law judge’s decision to give greater weight to Mr. Chaffers’ expert. The court said a claimant need not prove a specific disease under the law and may establish an injury by showing physical harm, including coughing and shortness of breath.
The court also held that pre-existing conditions do not bar compensation when workplace exposures contribute to or aggravate symptoms.
Jeffboat waived its challenge to a $4,695.50 attorney fee award by failing to provide supporting records or adequately develop its argument, the court said.
This article was first published in Business Insurance
