Case Law » Workers' Compensation Law
Occupational Disease
Kathleen Murphy v. Beebe Medical Center, IAB Hearing No. 1193837 (March 31, 2008)
Dr. Ritchie Shoemaker, a self-proclaimed mold expert and author of Mold Warriors, "the first book to bring cutting edge science and medicine to the controversial world of toxic mold," is deemed not credible. This case involved a claim of permanency to the legs, brain and lungs, a claim of TTD and medical treatment expense where there was a prior finding of compensability for an industrial illness. Drs. Fink and Rizzo testified for the defense and their opinions were more persuasive on a number of issues to include an absence of TTD and a lack of permanent impairment. The impairment ratings were "absurdly high" given that Claimant was able to walk, talk, think and breath on her own.
Leming v. LeBlanc Racing, Inc. and Benjamin Stafford Stables, IAB Hearing Nos. 1309269 and 1309270 (May 10, 2008)
This case involved a Claimant who became ill with a compensable industrial illness called "farmer's lung disease." Claimant worked for Stafford after working for LeBlanc. Claimant filed separate petitions alleging that he was exposed to hay while working at both employers. Medical expenses and total disability benefits were sought. Claimant and LeBlanc argued that Stafford was the responsible party under the "last injuries exposure rule." Acknowledging that the rule controlled, the Board found Stafford the employer liable for Claimant's occupational disease. The Board explained that while Claimant was exposed to moldy hay while working for LeBlanc for nine years and caring for four horses, his last injurious exposure to moldy hay occurred while at Stafford taking care of forty horses. This exposure was deemed more intense and there was no dispute that both exposures contributed to his disease.
