CP# 2003-34615 (2008). Michael Ashton, Petitioner, v. Port Authority of NY and NJ, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2008. CP# 2003-34615 (2008). Michael Ashton, Petitioner, v. Port Authority of NY and NJ, Respondent CP# 2003-34615 Ashton v. Port Authority of NY and NJSTATE OF NEW JERSEY NEW JERSEY DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT DIVISION OF WORKER'S COMPENSATIONOCEAN COUNTY C.P. 2003-34615Michael Ashton, Petitioner,v. Port Authority of NY and NJ, Respondent.DECISIONBEFORE : BRADLEY W. HENSON, SR. Judge of CompensationAppearances: Thomas G. Lynch Campbell Lynch and Ortiz, LLC 4808 Bergenline Ave.Suite 304Union City, N.J. 07087Attorney for the Petitioner Howard Conkling Attorney for Respondent On October 29, 2003, the Petitioner, Michael Ashton filed Claim Petition, 2003-34615 with the New Jersey Division of Workers' Compensation alleging permanent disability as a result of occupational pulmonary disease. The Petitioner began his employment with the Port Authority of New York and New Jersey on November 1, 1993. The petitioner continues to be employed by the Port Authority as an active Police Officer. Following training at the Port Authority Police Academy, Mr. Ashton was assigned to The Port Authority Bus Terminal, New York. The petitioner alleged that his employment at the Port Authority Bus Terminal included outdoor patrolling of the bus terminal traffic that emerged from and entered into the Lincoln Tunnel. In 1996, the petitioner voluntarily transferred to the Holland Tunnel where he performed similar traffic regulation duties. On the afternoon of September 11, 2001, Mr. Ashton reported to the World Trade Center to aid in the rescue and recovery efforts. The petitioner testified that he worked at the World Trade Center for a period of three weeks straight, twelve hours a day, and intermittently thereafter. The petitioner returned to his duties at the Holland Tunnel until August 2002, at which time he transferred and became a patrol officer at PATH where he is stationed currently. Petitioner filed a claim for occupational pulmonary disease with the New Jersey Division of Workers' Compensation on October 29, 2003, C.P. 2003-34615. Mr. Ashton alleged that his pulmonary disability arose from his exposure to a variety of known and unknown pulmonary irritants, including dust and fumes, during the course of his employment. In order for an employee to prevail on an occupational disease claim, the conditions of compensability set forth in N.J.S.A. 34: 15-31 must be satisfied. The statute defines a "compensable occupational disease" as follows:

1. For the purpose of this article, the phrase "compensable occupational disease" shall include all diseases arising out of and in the

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