The lung damage caused by a worker who previously smoked is compensable, a court of appeal held on Friday. provided sufficient evidence that he had suffered lung damage from sulfur dioxide exposure at work to obtain compensation for workers.
Joseph Harper was exposed to sulfur dioxide at work on March 25, 2016 and sought medical treatment the next day. He was diagnosed with a lung injury as a result. Eight other workers also sought medical treatment for symptoms related to the exposure.
He applied for compensation to workers, which was awarded on appeal.
In 2017, Mr. Harper treatment for shortness of breath and was diagnosed with non-asthma-reactive airway dysfunction syndrome, also known as RADS. However, an independent doctor considered that Harper's symptoms were consistent with those of the smokers ̵
The Claims Administrator denied the addition of RADS to his claim and Mr. Harper appealed. medical treatment for exposure to sulfur dioxide and found that the report of the doctor who testified about his condition was "reliable and supported by the evidence in the protocol." The State Workers' Compensation Board of Review confirmed the decision, and the Board of Appeal also confirmed. the same disease and the fact that Mr. Harper was diagnosed with a respiratory injury in the lungs the day after his exposure supported the decision that his RADS was liable for compensation.