Based upon the substantial and credible evidence, as well as the applicable law I find the following:
Only the evidence necessary to support this award has been summarized. Any objections not expressly ruled on in this award are overruled. Claimant testified that he was born on September 5, 1955 and that he began working for Employer April 4, 1984. He testified that he had no lung treatment or diagnoses prior to working for Employer. At Employer's plant he began as an assembler and painter. He sprayed fenders and quarter panels in the paint booth with a color coat and then a clear coat. There were four painters in the paint booth and the booth was twice the size of the hearing room. He did not recall what type of ventilation was in the booth. He testified that dust would build like a cloud and there was water running down a wall to keep the dust down. He testified that the water did not work correctly and that the plant was shut down in 1986 or 1987 because of problems with spray. Claimant testified that when he worked he did not use a mask or respirator. His base pay was approximately $\ 14.00 to $\ 16.00 per hour, but he was not sure.
He also worked as a team captain and learned every job in the plant which included seal gun and phosphate dip. He did not have respiratory protection in the phosphate dip area either. He had no respiratory protection in any area he worked at Employer. He left Employer in 1998.
In December 1986 he testified to his first chest problems consisting of a cold, deep cough and sore chest. He was examined by Dr. Zimmerman and was told of a spot on his chest x-ray. He had a repeat chest x-ray in 1987. He was referred to a specialist, Dr. Naunheim, who performed two biopsies. Claimant testified he became afraid and put off surgery which he eventually had in November 1987 when he was diagnosed with Hodgkin's disease. He completed chemotherapy and was off work for approximately one year after the surgery, but he could not recall how he was paid. Employer had a lay-off after his chemotherapy treatment and Claimant testified he was called back to Employer in 1990 or 1991. He returned to work with respiratory restrictions; he needed a dust-free and clean environment. He could not recall where he worked in the plant. He worked from 1997 until 1998 on the air conditioning line, where there were no fumes. He was later bumped from that job and could find no other position within his restrictions. He testified the plant doctor eventually told Claimant there was no work at Employer within his respiratory restrictions. He testified he was restricted out of the plant. Claimant testified his Hodgkin's disease has been in remission since approximately 1991.
Claimant testified that he had no respiratory problems prior to working for Employer. He stated he was a ballplayer and an athlete. After the diagnoses and treatment for Hodgkin's disease he testified to breathing problems and he has partial use of only one lung. He complained of shortness of breath with dust, fumes and when walking for a long duration. He also has problems with his bladder and numbness in his fingertips that he relates to chemotherapy. He uses a new inhaler and undergoes breathing tests every four months.
On cross-examination Claimant testified he was on unemployment from 1993 through 1996 due to the plant shutdown. He also worked for his father at Anderson Automotive. Claimant testified that the April 29, 1985 hire date listed in his personnel file at Employer is a mistake and he insisted he was hired in 1984. Claimant could not recall any treatment for breathing problems prior to working at Employer. He specifically could not recall lung treatment with Dr. Duarte. He did not recall treatment for episodes of bronchitis or asthma in October 1974. He could not recall treatment for bronchitis, asthma and acute tracheal bronchitis in 1978. He did not recall admission to Normandy Osteopathic Emergency Department May 6, 1981 for treatment of minor wheezing.
On cross-examination Claimant admitted he listed a history of asthma and hay fever in 1965; sinus trouble in 1975; bronchitis in 1977 and pneumonia in 1956-1957 on his Employer medical history form that he completed March 5, 1985. He did not recall that Dr. Spezia treated him in 1981 for shortness of breath and chest discomfort.
Dr. Poetz testified by deposition on Claimant's behalf. Dr. Poetz evaluated Claimant on September 16, 2004. He testified that there is "strong evidence that there is a higher incidence of Hodgkin's disease in workers who are exposed to a variety of chemicals, especially solvents, degreasing agents, oils, resins, pesticides, other inhaled and contact chemicals and inhaled irritants." Dr. Poetz concluded in his report that Claimant's injury in 1990 is a substantial and contributing factor in the development of Hodgkin's disease, chronic obstructive pulmonary disease and left upper extremity disability. He provided disability ratings as well. Dr. Poetz testified that at the time of his examination Claimant's Hodgkin's disease was in remission. Dr. Poetz testified that he did not obtain any x-rays or pulmonary function studies. Dr. Poetz testified that Claimant denied any other significant bronchitis prior to the date of the injury in this case. Dr. Poetz also testified that Claimant did not have a history of bronchial asthma prior to the injury.
Wesley Norton testified on Employer's behalf by deposition that he was the industrial hygienist for the Wentzville plant where Claimant worked. He testified that respiratory protection was not required in the paint booth because there were no exposure levels that required respiratory protection. He testified that the paint booth was a wet booth to collect the overspray particulate