Claimant filed a Claim for Compensation on December 14, 2001, alleging on or about December 11, 2001, he contracted an occupational disease from working for years as a welder and due to the inhalation of fumes, developed occupational asthma. On June 11, 2003, Claimant filed a claim against the Second Injury Fund alleging permanent total disability based upon a combination of his occupational asthma and his preexisting injuries of bilateral knees, low back, body as a whole - allergic rhinitis, and body as a whole GERD.
Claimant is a 64 year old man with a high school education, with training in welding and blue print reading. Claimant has worked as a welder since high school, with the exception of approximately five years where he worked in other labor positions. As a welder, Claimant used his hands to weld, cut and grind metals. When he welded metals, Claimant was exposed to welding fumes continually throughout the day. He worked without breathing devices, and the ventilation was poor.
Claimant began working for Employer in 1993, and worked there until December 28, 2001, when the plant closed. Claimant worked as a welder in an enclosed building, with no exhaust system. Claimant worked in a booth with a steel sheet as a curtain, and a small fan. There were one or two other welders performing the same job as Claimant. In addition to the fumes produced by welding metals, Claimant also breathed in paint fumes from spray painters. Claimant was exposed to smoke from oil and grease that arose after he applied heated torches to metals containing oil and grease. Employer had a breathing device available for Claimant to use, but it wouldn't fit under his hood, so he was unable to use it. The last couple of years of his employment Employer provided him with a breathing device.
Before December 19, 1998, Claimant had occasional wheezing, but had never been diagnosed with asthma. He was a smoker with a family history of asthma. On December 19, 1998, Claimant was exposed to a fire at work which was ignited by his welding tools. Claimant initially tried to put the fire out himself, and in the process inhaled smoke and fumes. He was treated at the emergency room at St. Louis University Hospital, where he was diagnosed with smoke inhalation, was prescribed Albuterol, and was told to follow up with Health Line.
Claimant followed up with HealthLine on January 5, 1999, and was diagnosed with smoke inhalation which had resolved, and was released to work without restrictions. Claimant returned to HealthLine on March 9, 1999, complaining of shortness of breath and wheezing. Claimant was referred for a pulmonary evaluation.
In March 1999, Claimant began treating with the Pulmonary Clinic at SLU Hospital. Pulmonary Function Tests performed in April 1999 were consistent with moderately severe obstructive airway disease with significant response to bronchodilators. Claimant was diagnosed with mild persistent asthma/reactive airway disease. Between 1999 and December 2001, Claimant's condition continued to deteriorate. In early 2001 Claimant had multiple episodes of exacerbation of his bronchial asthma. On November 28, 2001, Claimant was examined by Dr.
Garcia at the Pulmonology Department. Dr. Garcia diagnosed COPD secondary to tobacco abuse/mild persistent asthma.
Claimant returned to the Pulmonary Clinic in April 2002. Claimant was no longer working, and indicated he had applied for disability. He was diagnosed with mild persistent asthma, which Dr. Garcia did not believe precluded Claimant from working. In July 2002, Claimant reported to the Pulmonology clinic and Dr. Garcia indicated it was Claimant's seventh visit so far that year. Claimant continued to report daily exacerbations of his asthma, and he reported daily wheezing. Dr. Garcia indicated he previously classified Claimant as having mild persistent asthma, but noted his asthma had definitely gotten worse over the years, with seven visits to the office, and at least one visit to the emergency room over the past six months. Dr. Garcia diagnosed Claimant as having severe persistent asthma. In November 2002, Dr. Kleinhenz, expressed dismay Claimant's claim for Social Security Disability was denied, and reiterated Claimant had severe persistent asthma with a moderate to severe obstructive ventilator impairment. She stated Claimant had extreme airway responsiveness which was uncontrolled in the face of inhaled bronchodilators, oral and inhaled corticosteroids, and oral immunomodulating drugs. Claimant continued to treat for severe persistent asthma in 2003.
After leaving Employer, Claimant attempted to work as a welder for another employer, but only worked there three to five weeks because he was having too many breathing problems. Claimant's breathing has continued to worsen since leaving Employer. Claimant is unable to sleep, and wakes up coughing. He has difficulty performing household chores. If Claimant cuts his grass, it takes him four hours to do what used to take him one and one-half hours to do. He is no longer able to participate in sports. He used to play semi-professional baseball, football and basketball. He has difficulty climbing a flight of stairs, and lifting and carrying items.
Claimant has some preexisting injuries. He injured his right ankle and knee sliding while playing baseball. He never had surgery, and had no ongoing medical treatment or medical restrictions with regard to his right ankle or knee. He had a sore arm from throwing in baseball. Claimant also injured his back moving a part in 1999, and was treated conservatively. Claimant testified he had pain and cramping in his hands beginning in 1997 and 1998, and was diagnosed with carpal tunnel syndrome in 2005. Claimant testified he sometimes had trouble holding things, and had to make adjustments at work. Although Claimant had a back problem, and his shoulders, neck, back, hands and legs hurt, he didn't miss any days from work, and he had no permanent restrictions.
After the 1998 fire, Claimant made adjustments in his work. After Claimant left his last job he collected unemployment benefits. Claimant has received no unemployment benefits since April 1, 2003, and has not worked since that time.
Dr. Robert Poetz evaluated Claimant on two occasions, and