MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled

Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold.  The claimant's expert attributed claimant's symptoms to muriatic acid fumes.  The Commission denied benefits in the claim against the second injury fund and found claimant failed to prove accident, in Poarch v Madison Apartments, DOLIR 8-2-11.  The administrative law judge concluded that claimant failed to prove the unmarked spray bottle contained muriatic acid or the acid was in a toxic concentration.  Claimant denied immediate symptoms, delayed treatment for several weeks and had a history of a prior multi-level bypass.  The administrative law judge noted claimant had severe cardiovascular disease and that even if claimant aggravated the condition any exposure did not constitute the prevailing factor in his condition. Claimant worked 25 years as a firefighter and alleged injuries while working as an unpaid employee without health insurance for his wife's apartment complex.  The employer settled the case before hearing for $16,000.

Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug's Mo. Workers' Comp Alerts.

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