CP# 2003-35725 (2008). Edward McQuade, Petitioner vs. Port Authority of NY and NJ, Respondent.
Court | New Jersey |
New Jersey Worker's Compensation
2008.
CP# 2003-35725 (2008).
Edward McQuade, Petitioner vs. Port Authority of NY and NJ, Respondent
CP# 2003-35725 McQuade v. Port Authority of NY and NJ STATE OF NEW JERSEYNEW JERSEY DEPARTMENT OF
LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS'
COMPENSATIONOCEAN COUNTY C.P. 2003-35725 Edward McQuade, Petitioner, vs. Port
Authority of NY and NJ, Respondent.
BEFORE: HONORABLE BRADLEY W. HENSON,
SR. JUDGE OF COMPENSATION APPEARANCES: Thomas G. Lynch Campbell
Lynch and Ortiz, LLC 4808 Bergenline Ave. Suite 304
Union City, N.J. 07087 Attorney for the
Petitioner Howard
Conkling Attorney for RespondentEdward McQuade began his employment with the Port Authority of
New York and New Jersey in April 1980. Following training at the Port Authority
Police Academy, he was assigned to work at the Holland Tunnel. After working at
the Holland Tunnel for approximately one year, he was assigned to the police
pool for two years. During this two-year period the petitioner worked at
LaGuardia Airport, Lincoln Tunnel, the Port Authority Bus Terminal, The World
Trade Center and the PATH. In 1983, the petitioner was transferred to the PATH
permanently and worked there until March 3, 2004. On September 11, 2001, Mr.
McQuade 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
disaster site for a period of approximately six to eight weeks, twelve hours a
day and intermittently thereafter. He subsequently received a promotion to
police sergeant and was assigned to the police academy where his duties were to
train police emergency services officers and stayed in that position until his
retirement on August 28, 2005.
Petitioner filed a claim for occupational pulmonary disease with
the New Jersey Division of Workers' Compensation on November 7, 2003. The
petitioner alleges that as a police officer, he frequently worked outdoors, and
had environmental exposure to dust, fumes, smoke, exhaust fumes and a variety
of known and unknown respiratory irritants. As a result of this alleged
exposure during the course of his employment the petitioner claims to have
developed pulmonary symptoms such as shortness of breath, chronic cough,
exertional chest tightness, easy fatigability and at times wheezing. The
petitioner however has never received any treatment for his pulmonary symptoms
and he did not miss any time from work as a result of any of the conditions
alleged. He has a history of cardiac problems of which he became aware in 2004
prior to his retirement and has subsequently undergone triple cardiac bypass
surgery...
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