CP# 95-010896 (2001). MARGARET K. DOWD, Petitioner, v. SUPERMARKET DISTRIBUTION SERVICES CORPORATION Respondent.
Court | New Jersey |
New Jersey Worker's Compensation
2001.
CP# 95-010896 (2001).
MARGARET K. DOWD, Petitioner, v. SUPERMARKET DISTRIBUTION SERVICES CORPORATION Respondent
CP# 95-10896 Dowd
v. Supermarket Distribution Services CorporationSTATE OF NEW JERSEY DEPARTMENT OF LABOR DIVISION
OF WORKERS' COMPENSATION MIDDLESEX COUNTY DISTRICT, NEW BRUNSWICK
MARGARET K. DOWD,
Petitioner,v. SUPERMARKET DISTRIBUTION SERVICES
CORPORATION Respondent.CLAIM PETITION NO. C.P. 95-010896RESERVED DECISIONBEFORE:
HONORABLE PHILIP BOLSTEIN Judge of CompensationAPPEARANCES: LEONARD and LEONARD, P.A.
By: GERALD F. DELLA SALA, ESQ. Attorney for the
Petitioner HACK, PIRO,
P.A. By: JOSEPH V. WALLACE, ESQ. Attorney for the
RespondentAt the outset, I would like to commend the attorneys in this
matter, Gerald Della Sala on behalf of the petitioner, and Joseph V. Wallace on
behalf of the respondent, for the excellence of the written summations and
arguments therein which they have submitted to the court. They will be marked
as P-30 and R-10 respectively so as to become part of the record in this
case.
The petitioner, Madeline Dowd, is the widow of James Dowd who
died January 31, 1995 from complications of Non-Hodgkins Lymphoma.
On March 22, 1995, she filed a claim petition for dependency
benefits, contending that the cancer from which he died was caused by a
compensable occupational disease as a result of his exposure to harmful
substances during his employment with the respondent.
The decedent worked for the respondent from 1980 until January
31, 1995.
His wage at the time of his last date of work was $752 per week.
The respondent admitted the employment and wage but denied all other jurisdictional facts.
The decedent began his work for the respondent in the maintenance department.He was classified as a stationary operating engineer. He repaired pipes throughout the warehouse. The pipes were made of steel, copper, plastic and PVC. To repair the PVC pipes, PVC-specific cleaner and cement were used. The cement contained cyclohexanone that is classified as a possible cancer hazard by the New Jersey Department of Health. Decedent also performed painting tasks which involved removing old paint and applying new paint. Turpentine or paint thinners were used in this process to thin the paint or remove the old paint. The decedent also used the turpentine to clean his hands after painting. The turpentine contained benzene, which is categorized as a carcinogen by the New Jersey Department of Health. The decedent was a cigarette smoker who smoked one pack of cigarettes per day from age 16 until shortly before he died. His family, consisting of a wife, a son, and a daughter, also smoked at home. The decedent performed the duties of an operating engineer until 1993 when he was promoted to the position of chief engineer. In this position, he did no hands-on work. The decedent was diagnosed with Non-Hodgkins lymphoma, a cancer of the lymphatic system and lymph nodes, in October 1993. His condition worsened and he died on January 31, 1995 at the Somerset Hospital. The factual proofs were presented through the testimony of the petitioner, James Dowd (the son of the decedent), Joseph Oates...
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