Cutler Law Firm, P.C.

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. 

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