Sarcoidosis, Sleep Apnea, Obesity….. Anything but Asbestosis in this DE IAB Victory for Employers

Sarcoidosis, Sleep Apnea, Obesity….. Anything but Asbestosis in this DE IAB Victory for Employers

It's a funny thing.  You can go years without a sarcoidosis case and then you have two in the space of less than a week.  Friday's post, A River Runs Through It (3/1/13) was about the denial of a claim for sarcoidosis.  In yet another employer victory, we have a little bit of a spin with the sarcoid.....in this case, Claimant was actually seeking benefits for asbestos-related lung disease.

Filed against Raytheon Constructors, URS Energy and Construction, and Catalytic, this was a claim in which the doctors involved agreed Claimant worked around asbestos back in the day. Dr. Orn Eliasson testified for the Claimant and offered not only causation but also a 36% impairment to each lung. Dr. Daniel Dupont opined that there were not sufficient criteria present to confirm a diagnosis of asbestosis, especially given the co-morbidities of sleep apnea, obesity and sarcoidosis; he commented that the available data for this illness was more consistent with sarcoid that asbestosis.

The case is Patrick McCauley v. Raytheon Constructors, URS Energy, and Catalytic,  IAB #s 1375002, 1375003, 1375004 (2/22/13). Kudos to Gary Baker, Nancy Chrissinger Cobb and Paul Tatlow for their defense of the 3 employers involved.  Interesting discussion of an asbestosis claim subject to dispute.....let me count the ways.

Of further note, perennial claimant expert Dr. Eliasson usually has a pretty good track record for being persuasive at the IAB-in this case he was a whole lotta medical records short of reasonable medical probability..............LOL!!

Irreverently yours,
Cassandra Roberts

   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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