Compensability/Statute of Limitations

Christin Bechmann successfully defended a complex claim which took two days to complete before the Labor Commission. The claim involved an alleged injury for exposure to toxic chemicals. In this case, that toxic chemical was sulfuric acid. The injured worker made a claim against two prior employers. The first employer he had worked with for more than four years. The second employer, which Ms. Bechmann represented, employed the injured worker for five weeks. The injured worker alleged lung damage due to the resulting in the need to a lung transplant. He also alleged he was permanently and totally disabled as a result of his exposure to chemicals. The injured worker had a history of methamphetamine use. Ultimately the Administrative Law Judge (ALJ) determined that the injured reported the alleged injury more than six months after the date he knew, or should have known, his injury resulted in a work related claim. The ALJ denied compensability for the petitioner’s failure to timely notify either employer of his work related exposure claim. The claim was not sent to a medical panel to determine the medical aspects given that the claim failed on the 180 day requirement within which the injured worker should have notified respondents of his alleged work incident.

Case No. 17-0475, (September 4, 2019)


From the September 2019 Newsletter