Illinois worker's exposure to ethylene oxide causes cardiac condition
The Illinois Workers' Compensation Commission awarded benefits to a claimant who suffered significant cardiac problems, including two myocardial infarctions, after inhaling ethylene oxide at work. The Illinois Workers' Compensation Commission ordered the defendant to pay 17-1/7 weeks of temporary total disability, permanent disability under section 8(d)2 for the loss of use of a person as a whole to the extent of 30 percent, and $30,560 for medical expenses.
Case name: Fitzpatrick v. IBA Griffith, 16 ILWCLB 203 (Ill.W.C.Comm. 2008).
Fitzpatrick worked as a team leader/operator for a company that sterilizes medical instruments. The instruments were placed in a chamber. The chamber would then be filled with sterliziing agents, including steam and ethylene oxide. Ethylene oxide can cause breathing difficulties and pulmonary edema. On July 27, 2000, Fitzpatrick, entered a chamber that had exhaust system problems. Also, the hose connecting Fitpatrick's face mask to a filitration device became disconnected. Fitzpatrick noticed a burning sensatoni in his lungs and, soon after, blacked out and required V-fibulator treatment twice.
After his initial hospitalization, Fitzpatrick was admitted to the hospital on 14 other occasions for cardiac symptoms. He was diagnosed and treated for two myocardial infarctions. The arbitrator awarded benefits, finding that Fitzpatrick's conditions of ill-being were causally related to his accidental expsoure to ethylene oxide at work.
Fitzpatrick's examining doctor opined that his complaints of burning chest pain and shortness of breath July 27, 2000, were classic symptoms of a significant exposure to a pulmonary irritant and that ethylene oxide was one of the classic pulmonary irritants. Also, the initial hospital records indicated a diagnosis of pulmonary edema and toxic inhalation, along with an acute myocardial infarction. Based on the hospital records and his examination, the doctor opined that there was a causal connection between the exposure to ethylene oxide and Fitzpatrick's subsequent myocardial infarction. The doctor further found that Fitzpatrick's second myocardial infarction, sustained Sept, 15, 2000 was also related to the exposure of ethylene oxide.
The defendant's expert testified that Fitzpatrick's pulmonary edema was the result of the myocardial infarction, but did not believe that exposure to ethylene oxide caused the pulmonary edema or lead to the myocardial infarction. However, the expert, who never examined Fitzpatrick admitted that Fitpatrick's complaints of a burning sensation in his lungs prior to other symptoms would be consistent with bronchial irritation from ethylene oxide. The expert further admitted that if Fitzpatrick experienced difficulty in breathing, his respiratory distress could have been a trigger for myocardial infarction.
Upon review, the Illinois Workers' Compensation Commission modified the medical and temporary total disability awards and otherwise affirmed and adopted the decision of the arbitrator.
