CP# 94-33446 (2000). KATHERYN GOVERN , Petitioner vs HARRIS STRUCTURAL STEEL CO.,INC., Respondent.

• Case Date: June 27, 2000
• Court: New Jersey

New Jersey Workers Compensation 2000. CP# 94-33446 (2000). KATHERYN GOVERN , Petitioner vs HARRIS STRUCTURAL STEEL CO.,INC., Respondent CP# 94-33446 Govern v. Harris Structural SteelSTATE OF NEW JERSEY DEPARTMENT OF LABOR DIVISION OF WORKERS' COMPENSATION OCEAN COUNTY DISTRICT C.P. # 94-033446 DECISIONKATHERYN GOVERN , Petitioner vs .HARRIS STRUCTURAL STEEL CO.,INC., Respondent APPEARANCES: For the Petitioner: Madnick, Mason, Milstein, Weber, Farnsworth, and Collazo , Esquires by: Peter Farnsworth, Esquire For the Respondent: Howard W. Crusey, Jr., Esquire by: Advia K. Foster, Esquire MONCHER, LAWRENCE G., J.W.C., Mrs. Govern seeks dependency benefits for the death of her husband, Charles Govern, at age 69 from lung cancer which she claims was caused by his employment exposure to "dust and fumes" at Harris Structural Steel fabricating plant in South Plainfield, New Jersey from 1951 to 1985. The evidence in this record requires the conclusion that there is insufficient evidence of exposure to substances which are known or suspected carcinogens. The proofs do not permit the conclusion that Mr. Govern's industrial exposure to pulmonary irritants caused or contributed to the non-small cell lung cancer which metastasized, causing his death on April 11, 1994. The trial started before judge James O'Connell who retired before the case could be concluded. With consent of both parties, I continued the trial relying on the transcript of Mrs. Govern. Her testimony which was not refuted presented a graphic description of petitioner returning home each day from work covered with a black dust and dirt. Her evidence was convincing and consistent with the conclusion and stipulations entered previously during Mr. Govern's life time claim against respondent. I accept her testimony as truthful and accurate. Nevertheless for the reasons discussed below, this is not conclusive of an exposure to substances suspected of being carcinogens. Additional evidence of exposure was furnished by material safety data sheets (MSDS) attachments to respondent's answers to standard occupational disease interrogatories and the Division of Workers' Compensation record of Mr. Govern's lifetime claim against respondent for occupational pulmonary disease.. The other trial exhibits were pertinent to Mr. Govern's health. The exhibits which are enumerated on the evidence docket were hospital records pertinent to Mr. Govern cancer diagnosis and treatment plus imaging test interpretations. Chest x\rays which were taken in the early 1990's confirm the presence of long standing chronic obstructive pulmonary disability and include a finding of right apical pleural parenchymal changes of unknown chronicity with nodules in the right middle lobe. Further studies suggested by this October 5, 1992 lung x/ray led to the eventual finding of "non-small cell carcinoma of lung" which spread to his brain and caused Mr. Govern's death on April 11. 1994. The testimony in this trial was continued before me with the testimony of petitioner's expert, Dr. Hermele who is an internist with significant experience in the treatment of pulmonary disease and other ailments plus significant experience as an expert witness in those spheres. Dr. Hermele opined a causal connection between the industrial exposure which he stated causes cancer and Mr. Govern's death. To a large degree, his testimony was more of a net opinion than a detailed explanation of the etiology of Mr. Govern's lung cancer. His explanation of the impact on Mr. Govern and how his exposure caused lung cancer was lacking in acceptable scientific details. To a degree, it appeared to be wrong especially when compared to publications cited by respondent's expert. On the day Dr. Got, respondent's expert, was to testify, I had to leave the...