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Sargent v. International Paper Co.10/17/2005
Submitted October 1, 2005
AFFIRMED
In this workers' compensation action, Carolyn Sargent appeals the trial court's order affirming the order of the South Carolina Workers' Compensation Commission (Commission) denying benefits to Carolyn for the death of her husband, Willie Sargent. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
This case involves the unfortunate and untimely death of a conscientious, long-time employee of International Paper. Carolyn Sargent filed a workers' compensation claim against International Paper asserting her husband sustained an injury by accident to his lungs resulting in his death. At the hearing before the Single Commissioner, Carolyn took the position that Willie's death resulted from his accidental exposure to chlorine dioxide (ClO2). Specifically, Carolyn maintained Willie was working as a mechanic when he went to repair a pump that contained ClO2 and, as he was working on the machine, he "caught a pretty good dose of it." Her position was that Willie died from pneumonia that was induced, at least in part, by exposure to the chemical.
The record shows Willie Sargent was employed at International Paper as a Service Operator I. His duties were testing and trouble shooting, which involved checking on jobs to see if there were any problems. Luther Davis testified that he worked with Willie and held the same job at International Paper. According to Davis, he worked with Willie on the Friday before Willie was admitted to the hospital, which would have been August 18, 2000. The first time he saw Willie that day was around 6:30 a.m. in the lab, and Willie was "doing pretty good" at that time. The two men parted company, and Davis thereafter saw Willie in the lab again. Davis described Willie's physical condition at that time as "pretty good." Willie was called to check on a pump at the "KMYR digester," and Davis was called to assist him. After the two opened a valve, Willie was again called away, this time to go to a job on the "pine decker." Thereafter when Davis saw Willie, Willie was "coughing pretty forcefully." Davis had worked on the C line that day where there was " a little, small ClO2 leak." When he last saw Willie before he observed him coughing, Willie was "headed in the direction of the C line" of the plant. However, the place that Willie was ultimately going to was not the C line, but was the pine decker. Davis testified that if there were any problems on the jobs they checked, they normally would not fix anything, but would just report the problem. Davis specifically testified Willie would not have been performing any repairs on a leak on the C line when he was called away. Although he was not sure, Davis thought he told Willie about the leak he had discovered on the C line that morning. However, he stated that people would still walk through the area knowing of a leak because the C line is outside, in the open air.
Thomas Carucci, International Paper's safety manager, testified regarding the plant's protocol following an employee's exposure to ClO2. Carucci stated that after an employee reports an exposure, a green slip is used to document the occurrence and an investigation is immediately triggered. If an exposure were reported, maintenance would be notified there was a leak, an analysis would be performed, and "immediately things would be shut down and it would be taped off or roped off so no one could go into the area." Carucci stated International Paper had no record of Willie reporting any problems due to exposure prior to his hospitalization and death. Carucci further testified, if Willie had reported an exposure when he went to first aid on August 22, a green slip would have been filled out
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