Guidance from Prior Cases

In other disease cases, the Commissioner has required Claimants to prove that their exposure actually did occur at work. 

Douglas v. Vermeer Manufacturing (2019 Appeal Decision): The Commissioner determined that airborne particles at work did not cause Claimant’s pulmonary condition.  Claimant’s experts stated that it was possible that a workplace exposure caused the condition, but could not say that it had in fact been caused by a workplace exposure.

McDonald v. EZ Payroll & Staffing Solutions, LLC (2017): The Commissioner found that Claimant failed to prove he contracted legionnaires’ disease through a contaminated water sprayer at work. There were conflicting experts; Claimant’s expert said it was highly likely Claimant contracted his condition from contaminated sprayer, Defendant’s expert said it was impossible to prove, and 65% - 95% of legionnaires’ disease cases were sporadic. The Commissioner based his decision in part on analysis of the employer’s procedures, as well as the fact that none of Claimant’s coworkers developed legionnaires’ disease.