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Patton v. Workers' Compensation Appeal Board9/15/2005
Audley K. Patton (Decedent) worked for Lane Enterprises, Inc. (Employer) from November 1974, until April 24, 1987. Decedent worked primarily as a welder. Decedent stopped working on the advice of his physician. At the time, Decedent experienced shortness of breath. Decedent petitioned for benefits. During the course of the proceedings, Employer issued a notice of compensation payable (NCP) which stated, "Claimant [Decedent] has a propensity for acute episodes of metal fume fume fever which precludes his working in an occupation where he is exposed to zinc fumes. . . . Claimant [Decedent] also suffers from chronic obstructive pulmonary disease secondary to smoking. Notice of Compensation Payable, November 28, 1988, at 1. Because Employer issued the NCP, Decedent withdrew the claim petition.
Decedent died on December 14, 1997. The death certificate indicated that the immediate cause of death was "End Stage COPD [chronic obstructive pulmonary disorder]." Death Certificate, December 17, 1997, at 1. The underlying cause of death on the certificate was listed as pulmonary fibrosis. Following Decedent's death, Decedent's widow, Mary Patton (Claimant), filed a fatal claim petition which alleged that Decedent's death was the result of pneumoconiosis and alleged that the NCP incorrectly described Decedent's compensable injury as metal fume fever. The same date, Claimant petitioned to review compensation benefits, to review medical treatment and/or billing, and to modify compensation benefits and alleged that there was an incorrect description of Decedent's injury and that medical bills were unpaid. Employer denied all allegations.
Claimant testified that she was married to Decedent from April 3, 1949, until his death. Notes of Testimony, January 25, 2001, (N.T.) at 24-25.
Claimant also testified that Decedent smoked one to two packs per day until he cut back after 1987. N.T. at 33.
Claimant presented the deposition testimony of William S. Beckett, M.D. (Dr. Beckett), board-certified in internal medicine, pulmonary medicine, and occupational medicine. Dr Beckett reviewed Decedent's medical records. Dr. Beckett determined that Decedent "had chronic lung disease and died of his chronic lung disease prematurely, and his chronic lung disease was caused both by cigarette smoking and by his occupational exposure as a welder. And both of these factors were significant contributing factors to his lung disease and to his death." Deposition of William S. Beckett, M.D., November 11, 2002, (Dr. Beckett Deposition) at 21-22. When Dr. Beckett reviewed Decedent's x-rays, he found evidence of welder's pneumoconiosis. He opined that Decedent's workplace exposures were the most likely cause of Claimant's chronic lung disease. Dr. Beckett Deposition at 43. Dr. Beckett further opined that chronic obstructive lung disease and pulmonary fibrosis were the underlying causes of Decedent's death. Dr. Beckett Deposition at 48. Dr. Beckett stated that Decedent's work-related exposures and substantial cigarette smoking were substantial contributing factors because his work exposures contributed to the severity of his lung disease. He also believed that Decedent's work exposures not only aggravated the disease caused by cigarette smoking but also caused the disease. Dr. Beckett Deposition at 51-52.
Claimant also presented the deposition testimony of Macy I. Levine, M.D. (Dr. Levine). Dr. Levine examined Decedent on December 9, 1987. Dr. Levine reviewed more recent medical records at the request of Claimant. Based on his review of the medical records, Dr. Levine "thought he [Decedent] had pneumoconiosis due to the welding fumes, chronic bronchitis and chronic obstructive lung diseas
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