CP# 97-036306 (2001). James E. Navarro, Petitioner vs. Traycon Manufacturing Co., Inc. Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2001. CP# 97-036306 (2001). James E. Navarro, Petitioner vs. Traycon Manufacturing Co., Inc. Respondent CP# 97-36306 Navarro v. Traycon Manufacturing Co., Inc.State of New Jersey Department of Labor Division of Workers' Compensation Lebanon DistrictClaim Petition 97-036306 James E. Navarro, Petitioner vs. Traycon Manufacturing Co., Inc. RespondentDECISIONBefore:Honorable Elaine B. Goldsmith, Judge of Compensation Appearances: Golden, Rothschild, Spagnola, Lundell and Levett, Esquires By: Robert Golden, Esquire, Attorney for Petitioner Howard W. Crusey, Jr., Esquire By: Marcia Miller, Esquire, Attorney for RespondentThis matter comes before me as a bifurcated Second Injury Fund trial to determine whether the etiology of the interstitial pulmonary fibrosis from which Petitioner suffers is causally related to his occupational exposure. Both parties stipulate that the petitioner is permanently and totally disabled as a result of the pulmonary disease. The evidence in this matter consisted of the lay testimony of the petitioner and medical expert testimony. Dr. Roland Goodman, Board Certified in Internal Medicine and Dr. Susan M. Daum, Board Certified in Internal Medicine, Preventative Medicine (Occupational Medicine) and Fellow of the American College of Chest Physicians, testified for the petitioner. Dr. Joel Duberstein, Board Certified in Internal Medicine and Pulmonary Disease, testified for the Respondent. The documents consisted of three admission records to Holy Name Hospital dated September 9, 1996, December 8, 1996, and October 31, 2000; treating records and the November 17, 1997 letter report of Dr. Selwyn Levine; admission records to Somerset Medical Center dated January 20, 1999 and February 17, 1999; the hypothetical question; two reports from Dr. Warren M. Klein, opthomologist; and excerpts and articles from various professional journals and medical books. From 1973 to 1978 petitioner was employed by Ford Motor Company and Packaging Sales and Development of Englewood New Jersey, both places described as having clean environments. From 1978 to September 9, 1996 petitioner worked for the respondent as a sheet metal mechanic welder. Specifically, he installed food service conveyers and constructed parts needed for the custom installations. Part of the time was spent in the factory building with 18 other employees where everyone was engaged in "grinding, polishing and welding" at the same time. The ventilation was poor and the facility was "very dirty," being characterized as having a gritty smoky atmosphere. The remainder of his time was spent in the field installing conveyers in hospitals, banks and other buildings. Most of the on site installations were done during the night or week-ends when none of the employees were around and the ventilators or air conditioners were turned off. Petitioner claimed that the work in the field was dirtier than in the factory because he was dealing with old metal and dirty food encrusted conditions, where he would have to cut and grind in a closed atmosphere. He tried to wear a paper mask as much as possible but found it inadequate for filtering out the dust. Petitioner primarily used the Healy arc welder with argon gas and occasionally used oxyacetylene torches. Petitioner also installed dumbwaiters which are multi storied small shaft vertical elevators used for conveying food to patients in hospitals. In these very small confined areas he would climb on the individual shelves cutting old metal chains, grinding and installing new metal pieces. Repairing these small units often required removal of the sound deadeners which were made of a heavy tar-like material. When the material was cut, ground or welded, "it did nothing but smoke." Petitioner estimated that he worked on forty of these special jobs, each one lasting a week or two to complete. On one occasion he was assigned to move a large volume of old scrap metal from the factory yard to metal racks against the factory wall. The metal pieces had been accumulating for many years and were so full of pollen, dust and dirt that he was forced to change the mask he was wearing ten to fifteen times a day because it got so black. On September 9, 1996, he became very short of breath and was hospitalized at Holy Name Hospital for asthmatic bronchitis, and was treated with corticosteroids. Five days after he was taken off the corticosteroids he returned to the hospital where a chest x-ray was taken. The chest x-ray showed "ground glass" interstitial infiltrates. Further lung tests showed moderate restrictive lung disease and severe reduction of diffusion capacity. From November 11th to the -15th, 1996 Petitioner was hospitalized in Chilton Memorial Hospital where he was treated with increased doses of intravenous steroids. He was released with a discharge diagnosis of respiratory insufficiency, pulmonary fibrosis, and cardiac arrhythmia. There is mention in the discharge summary of the possibility of Petitioner requiring a lung transplant. On December 6, 1996 at Holy Name Hospital, Dr. Levine, petitioner's treating doctor performed an open lung biopsy. Dr. Levine summarized the biopsy as revealing advanced interstitial lung disease with pulmonary fibrosis. This biopsy was also interpreted by the Mayo Clinic. On December 8, 1996 after the thoracoscopic lung biopsy the Petitioner developed a recurrent pneumothorax on the right side of his chest for which a tube was inserted and suction commenced, requiring him to stay in the hospital until December 12. He now required the occasional use of oxygen at home...