Permanent Total Disability/Death Claim Award:Silicosis

by Dean Pavick on May 6, 2019

Our client worked for a number of years at a foundry. In 1979, we won our client’s Ohio workers compensation case in court for contaction of silicosis as an occupational disease. In 1989, we had our client declared permanently and totally disabled by the Ohio Industrial Commission. In 2013, our client died from the listed causes of congestive heart failure and aortic stenosis. A death claim was filed with the Ohio Bureau of Workers Compensation(BWC) on behalf of the widow and dependent child. The BWC disallowed the death claim based upon an adverse BWC medical review report which opined that the cause of death was primarily attributed to unrelated medical conditions including severe heart disease, diabetes, chronic kidney disease and pneumonia. Upon appeal and an Industrial Commission hearing, the Commission held that the silicosis and its consequences were a proximate cause of our client’s death and allowed the death claim.

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