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Meadville Forging Co. v. Workers' Compensation Appeal Board3/11/1999
Submitted: September 25, 1998
Meadville Forging Company and Trans-General Services Company (collectively, Employer) appeal from a decision of the Workers' Compensation Appeal Board (Board) affirming a decision of a Workers' Compensation Judge (WCJ) that granted the claim petition of Christopher Hawes (Claimant).
Claimant began working for Employer on March 15, 1995, as a "C.N.C. operator." In this capacity, Claimant placed parts inside a chuck and programmed a computer to cut material needed to make parts. Claimant's work required him to grasp and manipulate metal parts with his hands and exposed him to several coolants that were used in the machines to keep the parts cool. The two coolants that Claimant worked with were Valcool and Syntolo.
On September 28, 1995, Claimant began to experience numbness in the tips of his fingers, and, as a result, Claimant lost the dexterity to manipulate the parts in the chuck. Claimant reported the problem to his foreman on that day. The next day, Claimant sought medical treatment from his family doctor, Dr. Frank Reusche, III. After examining the Claimant, Dr. Reusche provided him with an oral medication, Cardura, which gave Claimant relief. In addition, Dr. Reusche restricted Claimant from exposure to Valcool.
Claimant returned to work on September 29, 1995, and informed his supervisor of his restriction. Accordingly, his supervisor provided Claimant with a pair of cotton cloth gloves to protect his hands, but Claimant continued to experience numbness and discoloration in his hands. Next, Employer offered Claimant a pair of latex gloves which also did not protect Claimant's hands from exposure to the coolants. Claimant was also given a pair of thick plastic gloves, but these gloves repeatedly became caught in the machine on which Claimant was working. In mid to late October of 1995, Employer reassigned Claimant to a jitney-driver position. In this capacity, Claimant drove a forklift around Employer's facility picking up various boxes of materials. The jitney-driver position did not expose Claimant to any chemical coolant, and he performed that job until October 26, 1995, when he was laid off because he could not perform his regular job duties. Claimant has not worked since Employer laid him off, but he has been receiving unemployment benefits.
On October 31 1995, Claimant filed a claim petition seeking benefits for work-related "paresthesias to hands resulting from chemical exposure." (Claim Petition at 1.) Employer filed a timely answer denying the allegations in the petition, and hearings were scheduled before a WCJ.
During the course of the hearings, Claimant testified to the above events. He also noted that, during cold weather, his hands turn white and become numb. In addition, he offered his opinion that he was not capable of performing his time-of-injury job.
In addition to his own testimony, Claimant presented the deposition testimony of Dr. Reusche who is board certified in family medicine. Dr. Reusche opined that Claimant's physical condition was the result of his exposure to both Valcool and Syntolo, but Dr. Reusche was unable to explain exactly how the coolants affected Claimant.
On cross-examination, Dr. Reusche conceded that, in his practice, he treats very few patients with dermatological problems brought on by chemical exposure. In addition, Dr. Reusche noted that he was unaware of the exact date of exposure to Valcool as it relates to the onset of Claimant's symptoms. Dr. Reusche further opined that, if Claimant had been exposed to both Valcool and Syntolo, then both chemicals would be suspect as the agents responsible for Claimant's condition based upon t
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