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Sunday, February 10, 2013

Silica Linked to a Fatal and Compensable Lung Cancer

A foundry worker, who was exposed to silica for over 35 years, was held by a NJ Workers' Compensation Judge, to have contracted a fatal lung cancer as a result of his employment. His spouse was awarded dependency benefits.

Compensation Judge, Philip A. Tornetta, in a recently published decision (Johnson v. Campbell CP NO. 2007-11564), found that a worker's adenacarcinoma was related to his exposure at on the job. The Judge based his decision upon a review of the death certificate, Material Data Safety Sheets, hospital records, oral testimony from the surviving spouse, and expert medical testimony.

Following the landmark NJ Supreme Court decision in Fiore v. Consolidated Freightways, 140 NJ 452 (1995) [an occupational heart claim], and Lindquist v. City of Jersey City Fire Department, 175 NJ 244 (2003) [mandating evidential review of scientific evidence], the Court reasoned "the preponderance of the credible evidence" proven the exposure to caused a compensable and fatal medical condition.

The Obama Administration is reviewing proposed rules to reduce exposure to silica in the workplace. It is anticipated that they will be adopted shortly. Judge Tornetta's decision reflects the urgency of the need to promulgate silica regulations immediately. 

Read more about "silica" and workers' compensation:

Feb 05, 2013
The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures. You can join the 2700 other people who have ...
Jun 22, 2012
Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in ...
Jan 03, 2010
"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a ...
Jan 21, 2010
Insofar as silica dust impairs cellular defense, silica-exposed workers (without silicosis) may be at increased risk for fungal infections, as they are for mycobacterial infections." Concurrent Silicosis and Pulmonary Mycosis at ...