Positive Decision on Withdrawal from the Labor Market Issue

Case reviewed by Peter Gough, Esq.

Turner v Workers' Compensation Appeal Board (City of Pgh) -- Voluntary Withdrawal  

Cites Henderson II and the totality of circumstances to hold that receipt of NARW and disability pension is not sufficient to raise a presumption of intent to withdrawal from work force.

Overturns the Workers' Compensation Judge and Workers' Comp Appeal Board.  Concludes that  the Workers' Compensation Judge and Workers' Compensation Appeal Board presumed a withdrawal based upon receipt of pension and failure to apply for any jobs before NARW was issued.

Burden of proof does not switch to Employee all because she applied for pension.

It is important to note that in this case as in Henderson II, the Employee was working light duty until Employer took away her light duty job.  Employee testified that but for the employer taking away the job she would have continued to work.

I think it can be successfully argued that the employer's actions of eliminating the light duty "forced Employee into retirement because of her work injuries".

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Peter J. Gough is an associate at the firm and concentrates his practice in the area of workers’ compensation, exclusively representing injured workers.

Born in Brooklyn New York and a graduate of The University of Buffalo, Peter J. Gough came to the Pittsburgh area to achieve his J.D. from Duquesne Law School.  He fell in love with Western Pennsylvania and has been practicing law, primarily civil litigation and workers’ compensation law here since 1990.

HISTOPLASMOSIS IN THE WORKPLACE: THE BAT DROPPINGS AND BIRD MANURE DISEASE

by Vincent J. Quatrini, Jr.
 

Are you exposed to bat droppings and bird manure in your workplace?  If so, you may be a at risk for a diagnosis of Histoplasmosis.

Recently, I handled a case involving this disease.

Histoplasmosis is an infectious disease caused by inhaling the spores of a fungus called H. capsulatum.   Histoplasmosis is not contagious; it cannot be transmitted from an infected person or animal to someone else.

Histoplasmosis has various symptoms, but primarily affects your lungs.  The vast majority of infected people have no visable side effects. Those who do experience mild symptoms often don’t seek medical attention and may not even realize that their illness was histoplasmosis.

Histoplasmosis can appear as a mild, flu-like respiratory illness.  The symptoms may include a combination of malaise (generally feeling lousy), fever, chest pain, dry cough, headache, loss of appetite, shortness of breath, joing and muscle pains, chills, and hoarseness.

Don't be lulled into believing that histoplasmosis is a harmless disease.  Histoplasmosis can cause chronic lung disease and worsen over time.   Special antifungal medications are needed to stop the disease, and surgery is sometimes required to remove a portion of the affected lung.

A person who has had histoplasmosis can get it again.

Anyone working in a job or near activities where material which has been contaminated with the Histoplasmosis spore can develop histoplasmosis, if enough spores are inhaled.

After exposure, the degree of sickness varies greatly, due to the number of spores you may have inhaled, your ageyour susceptibility to the disease.  Longer durations and intensity of exposure significantly increase your risk of developing histoplasmosis.

Below is a partial list of occupations and hobbies with risks for exposure to H. capsulatum spores, published by the Centers for Disease Control and Prevention (CDC):

·        Bridge inspector or painter               

·        Chimney cleaner

·        Construction worker

·        Demolition worker

·        Farmer

·        Gardener

·        Heating/Air-conditioning installer/service worker

·        Pest Control worker

·        Microbiology worker

·        Restorer of historic or abandoned buildings

·        Roofer

·        Cave explorer 

The CDC has also identified geographic areas in which there is a higher incidence of the disease.   Washington County and Greene County, in Pennsylvania, are on the CDC map, along with parts of West Virginia and Ohio.   

If you engage in these activities and develop flu-like symptoms days or weeks after disturbing material that might be contaminated with H. capsulatum, and the illness worsens rather than subsides, you should seek medical care immediately.

If the disease was contracted "in the course and scope" of your job, you are entitled to lost wages and medical expenses you experience, under the Pennsylvania Workers Compensation Act.  If you think that you acquired Histoplasmosis in the workplace, please call me for a legal consultation about your rights.  There is no legal fee unless we obtain a money recovery or reimbursement of medical expenses incurred for you.

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Quatrini Rafferty - The Workers' Compensation Group

Helping injured workers across Pennsylvania from our offices in Greensburg, Pittsburgh and Latrobe