CP# 2004-21284, 2006-22094, 2006-8332 (2009). LUIS OCHOA, Petitioner v. PASSAIC VALLEY SEWERAGE COMMISSION, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2009. CP# 2004-21284, 2006-22094, 2006-8332 (2009). LUIS OCHOA, Petitioner v. PASSAIC VALLEY SEWERAGE COMMISSION, Respondent CP #'s 2004-21284, 2006-22094, 2006-8332 Ochoa v. Passaic Valley Sewerage Commission NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATIONC.P. No.'s 2004-21284, 2006-22094, 2006-8332LUIS OCHOA, Petitioner v. PASSAIC VALLEY SEWERAGE COMMISSION, RespondentBEFORE: Jill M. Fader Judge of CompensationDECISION This is the Court's decision in the matter of Luis Ochoa v. Passaic Valley Sewerage Commission, Claim Petition 2004-21284(fn1), 2006-22094(fn2) and 2006-8332(fn3) which were consolidated for purposes of this trial. Respondent stipulated that Petitioner was in its employ on the dates alleged and that his gross weekly wage was $1400 in 2004 and $1,417.06 in 2006, which is sufficient to give rise to the maximum rates for temporary disability and permanent disability for each of the corresponding years. All other issues were in dispute as evidenced by the Pretrial Memorandum dated October 10, 2007 which was marked into evidence as C-1. There is an outstanding State of New Jersey Temporary Disability Lien in the amount of $8,438.89 for benefits paid for a disability period commending May 1, 2006 through October 11, 2006 while under unauthorized treatment for his back and neck. Petitioner qualified for Social Security Disability benefits as of October 1, 2006 and became Medicare entitled as of October 1, 2008. Finally, Petitioner has applied for an Ordinary Disability Pension, which was denied and is under appeal. The parties have submitted Proposed Findings of Fact and Conclusions of Law which have been marked into evidence. With respect to his occupational pulmonary claim, Petitioner testified that he worked for the Respondent from January 1990 until April 19, 2006 as an electrician. Petitioner testified that he worked primarily at Respondent's main facility in Newark, which he described as "a very big place that contains a lot of processes, dirty water, also sanitary ones, disposal ones, disposable ones, yes that they come to this process in which it embodies chemicals, chemical processes." (T. LO p.6 lines 22-25; p. 7 lines 1-2) When asked specifically what chemicals he was exposed to, Petitioner responded, "I'm ignorant at that sort of material, but I do remember chlorine..." (See T. LO p. 7 lines 16-19). Respondent also acknowledged in its Answers to Occupational Interrogatories that in the course of his employment, Petitioner routinely used a compound called Electra Clean as indicated on a Material Data Safety Sheet (see P-3 in evidence). Petitioner offered no evidence as to the period of exposure, the quantity or concentration of exposure with respect to either chlorine or Electra Clean. Petitioner also acknowledged that he was provided with two types of safety masks to be utilized in certain designated areas of the plant and that he received training in both how to use the mask and where to use the mask. (See T. LO p. 52 lines 1-13). Petitioner testified that as a result of his exposure to numerous "venomous poisonous liquids" that after walking for short periods of time he "feels the need to grasp for air" and that going up small steps or stairs is difficult because he "cannot breathe and sustain air." (See T. LO p. 13 lines 20-25) Petitioner testified that, because he has no medical insurance, he is not under treatment for his breathing problems, nor is he taking any medications, either over the counter, or prescription, for his breathing problems. Petitioner testified that he went to Dr...