Date: June 20, 2012

          John had worked for the Better Bolt Manufacturing Company for close to twenty five years. In the department where John worked, he was exposed on many occasions to fumes that were caused by the manufacturing process. At first the fumes didn’t bother John, but over the years John started to develop all the symptoms of asthma. Finally it got so bad that, unless John was wearing a respirator, he would start to cough violently whenever he was exposed to the fumes.

             John had one coughing episode which was so bad that John had to be hospitalized. John’s doctor told him that he had to find a different job because his next exposure could be fatal.

 ISSUE:          Does John have a Workers’ Compensation claim?

 ANSWER:     Yes. John’s doctor will testify that the chemicals that John was exposed to were the direct cause of either his occupational asthma or aggravating a preexisting asthmatic condition. Because of John’s exposure to chemicals at work, he found that he was now far more sensitive to many irritants outside of the work place such as dust, pollen, and even perfume. John will be entitled to Workers’ Compensation benefits until he is able to find a job where the work environment will not expose him to anything that will aggravate his asthmatic condition.

 Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 



Cal Leventhal
Cal is a graduate of the University of Miami (magna Cum Laude) and attended Loyola and Notre Dame law schools graduating in 1976. He is admitted to the Bars of the Supreme Court of Pennsylvania and both state and federal trial and appellate courts situated in Pennsylvania.