Can a worker with Chronic Lymphocytic Leukemia (CLL) tie his illness to decades of exposure to benzene so that he can collect workers’ compensation benefits?
The West Virginia Supreme Court found that expert medical opinion proved that the worker’s on-the-job exposure to benzene led to his illness.
No on-the-job respirator training, requirements
Teddy Kemp was hired as an electrician for Chapman Corporation in August 1975. Kemp worked at the company’s Mobay/Bayer plant where benzene was stored and processed. His job duties required him to stand over chemical tanks as he was working on instruments in the vessels, causing him to be exposed to benzene.
Kemp wasn’t trained or required to use respirators while working in the Mobay/Bayer plant and could smell a sweet odor on a regular basis as he performed his job duties. In February 2009, Kemp left Chapman and began working for another company where he wasn’t exposed to benzene.
A bone marrow exam conducted on Feb. 17, 2016, led to the CLL diagnosis. Kemp’s doctor noted that the illness was a result of occupational exposure to benzene over a period of nearly 40 years. The doctor mentioned in his report that multiple studies exist supporting the link “of longer exposure and degree of exposure and CLL link.” Further, Kemp had no other risk factors or family history of leukemia or lymphoma.
Independent doctor argues against occupational exposure
As a result of this diagnosis, Kemp filed a workers’ compensation claim, which was rejected by a claims administrator who found there was no evidence that causally related the illness to Kemp’s employment.
Kemp appealed the claims administrator’s decision with the West Virginia Office of Judges. He included letters from his doctor and a medical specialist who conducted research on benzene toxicity as evidence for the causal relationship between his illness and his job.
Another doctor performed an independent review of Kemp’s case and argued that it was possible, but not established, that Kemp’s workplace exposure to benzene resulted in his CLL diagnosis. This doctor felt that the research Kemp relied on wasn’t the definitive study on benzene exposure.
Office of Judges, Supreme Court find evidence supports claim
After reviewing the evidence, the Office of Judges found that Kemp proved his CLL was due to workplace exposure to benzene by showing that:
- a causal connection existed between the conditions he experienced on the job and his diagnosis
- his CLL was a natural incident of his work as a result of exposure to benzene
- the proximate cause of his CLL could be traced to his employment
- his CLL didn’t develop as the result of a non-occupational hazard
- the exposure which resulted in CLL was incidental to the character of the employer’s business, and
- his CLL originated in a risk connected to his employment and flowed as a result of that employment.
For those reasons, the Office of Judges reversed the denial of Kemp’s claim and awarded him workers’ compensation benefits.
On review with the West Virginia Supreme Court, the court agreed with the reasoning of the Office of Judges, finding there was sufficient evidence Kemp suffered from significant occupational exposure to benzene, resulting in development of CLL.