89-0534. JOHN C. BRAUNBERGER vs. ASSOCIATED PIPING and ENGINEERING HARTFORD INSURANCE and EMPLOYER'S REINSURANCE FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 89-0534. JOHN C. BRAUNBERGER vs. ASSOCIATED PIPING and ENGINEERING HARTFORD INSURANCE and EMPLOYER'S REINSURANCE FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHJOHN C. BRAUNBERGER Applicant, vs. ASSOCIATED PIPING and ENGINEERING, HARTFORD INSURANCE and EMPLOYER'S REINSURANCE FUND, Defendants.Case No. 89-0534ORDER DENYING MOTION FOR REVIEWThe defendants ask The Industrial Commission of Utah to review the Administrative Law Judge's Order awarding permanent total disability compensation to John C. Braunberger pursuant to the Utah Occupational Disease Disability Law, Utah Code Ann. §35-2-1 et seq. (1953) / The Industrial Commission of Utah exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-2-36.53, and Utah Admin. Code R568-1-4.M. ISSUES PRESENTED The defendants contend that Mr. Braunberger's claim is barred by the one year statute of limitation found in §35-2-48 (a) of the Act. The defendants also contend that Mr. Braunberger does not suffer from an illness that is an "occupational disease" as the term is defined in §35-2-27(28) of the Act. FINDINGS OF FACT Mr. Braunberger worked as a welder from 1971 until November 14, 1988. From at least November 1987 until through November 14, 1988, he was employed by Associated Piping. He filed an application for hearing with the Industrial Commission on June 20, 1989, followed by the filing of an occupational disease claim on July 18, 1989. During his career as a welder, Mr. Braunberger was exposed to substantial amounts of smoke, dust and fumes from welding. This exposure included chromium, nickel and aluminum from his own welding and from other welders working in the same building. Mr. Braunberger did not exhibit symptoms of respiratory disease until February 10, 19 88, when Dr. Christensen diagnosed him as suffering from bronchitis and sinusitis. Thereafter, he was continually treated for sinusitis and asthma and ultimately for chronic obstructive pulmonary disease. ("COPD" hereafter). At the beginning of May 1988, Mr. Braunberger went from full time work during the afternoon to approximately half time work at night in order to reduce his exposure to welding smoke. He continued to work at the part-time night job until he left work entirely on November 14, 19 88. While he continued to work, Mr. Braunberger continued to receive medical treatment for his pulmonary problems. As noted above, Mr. Braunberger continued to work through November 14, 1988. The next day he was hospitalized for acute coughing and shortness of breath. Through the following months, he received regular medical attention and also emergency hospital care. During January 1989, a pulmonary function test showed that Mr. Braunberger suffered from moderately severe "COPD". Based on this diagnosis, the Social Security Administration awarded Mr. Braunberger disability benefits. Dr...