TT&H Attorneys Caroline Gentilcore and John Morgan Obtain Denial of Occupational Lung Disease Claim Petition

Thomas Thomas & Hafer attorneys Caroline Gentilcore and John Morgan recently prevailed before a Greater Philadelphia Area Workers’ Compensation Judge on a contested claim for benefits arising from an alleged lung condition attributed to occupational exposure. The Claimant alleged that he was exposed to cleaning solvents while working in a slaughterhouse. However, his medical expert testified that the lung condition developed as a result of exposure to bacteria, fungi, and animal proteins. Caroline highlighted this inconsistency through extensive cross examination and demonstrated that Claimant’s medical expert relied upon invalid spirometry results, had no samples from the employer’s facility, and had not examined any of the cleaning products used by the Claimant.

Caroline then presented the testimony of a pulmonologist, who rebutted the claims of occupational exposure and identified an alternative causal factor for the Claimant’s condition. Caroline also presented a witness from the employer who explained the rigorous testing requirements of the USDA and the lack of any evidence whatsoever of harmful agents in the workplace. The employer’s witnesses further established that the cleaning solvents used by the Claimant contained no warnings against inhalation or instructions to use breathing protection. The WCJ was convinced by the employer’s evidence, and denied the petition in its entirety, largely adopting the reasoning argued in Caroline’s brief written in collaboration with John Morgan.

Questions about this matter can be directed to Caroline Gentilcore at 267-861-7596 or cgentilcore@tthlaw.com, or John Morgan at 267-861-7580 or jmorgan@tthlaw.com.