At the end of 1973, employee was moved to the LaCygne Kansas Plant (LaCygne Plant) as a maintenance mechanic. He described the LaCygne Plant as humongous with two boiler units, a large water treatment system, fly ash ponds, bottom ash ponds and a big lake. At the LaCygne Plant, many train car loads of coal were burned on a daily basis.
Unit 1 of the LyCygne Plant burned local coal that employee described as a high sulfur coal. The burned coal smelled like rotten eggs and created a blue haze. The smoke from the burning coal burned employee's eyes. Employee testified that the coal was so acidic that chunks expelled from the stacks would eat the paint off cars. In certain areas of the LaCygne Plant, workers would breathe the high sulfur fumes. He described working on the burner fronts as being bad in that there was blue smoke and sometimes areas would be shut down because of fumes. Employee testified that at some point, employer switched to Wyoming or Illinois coal. He testified that the effects of the imported coal were not nearly as bad as the local coal.
According to employee, employer told the workers there was no asbestos at the LaCygne Plant during the first few years employee worked there. Employee testified that one of his duties as a maintenance mechanic was repairing broken valves. Insulators would have to first remove the insulation from the valves so that employee could work on the valves.
Eventually, plant workers pressed employer to test the insulation for asbestos. Charlie Tack, employee's foreman, confirmed to employee that the tests revealed there was asbestos in the plant. Employer began providing information and training about asbestos in safety meetings.
At some point, employer started removing asbestos from the plant. Employer partitioned off areas of the plant where asbestos was being removed. Employee was not involved in the asbestos removal.
Employee became an electrician apprentice in 1980 and worked as an electrician until 2002.
There were many electrical cable trays holding wires throughout the LaCygne Plant. As an electrician, employee encountered significant dust in the cable trays on a regular basis. Because of the dust, employee had difficulty breathing on occasions. Employee recalled spitting up black stuff and blowing black stuff from his nose during the period he worked as an electrician. Masks and respirators were available; however, employer did not require employees to wear them.
Improvee also testified he was exposed to fumes that smelled of chlorine from the tanks and pump house.
In approximately 1993, employee testified that it got rougher and rougher for him to climb stairs due to shortness of breath. In 1996, employee had a physical performed by the LaCygne Plant but was not given any work restrictions. In the mid 1990s, he was assigned a job as a trouble shooter where he changed out motors. He also did predictive maintenance in the mid 1990s which involved more walking and he would cover the entire LaCygne Plant. He believes that his breathing worsened when he did the predictive maintenance job.
Employer urges us to find that employee failed to prove he was exposed to asbestos while working for employer because employee is not a chemist or otherwise specially-qualified to identify asbestos. Employee credibly testified the white powder in the NE Plant was stored in bags labeled "asbestos." Employer offered no evidence to the contrary. The only reasonable inference to be drawn is that the bags contained asbestos and we so find. We further find that the pipes and valves throughout the NE Plant were insulated with asbestos and that employee was frequently exposed to asbestos while working at the NE Plant.
We also find credible employee's testimony describing the presence of asbestos at the LaCygne Plant. We find employee was exposed to asbestos at both the NE Plant and the LaCygne Plant.
We further find credible employee's testimony regarding his exposure to various other pulmonary irritants and toxins while working for employer. Again, the record reveals no evidence contradicting his testimony. We find that employee was frequently exposed to industrial smoke, dust, and fumes while working for employer.
**Medical Treatment**
Employee first received medical treatment from Dr. Buie in July, 2001. Dr. Buie sent him to Dr. Devins who provided breathing medications, which employee started taking in 2001 and 2002. On May 30, 2002, employee returned to Dr. Buie and Dr. Buie recommended physical restrictions on employee's activities. In June 2002, employee was sent to Dr. Payne, employer's doctor. Ultimately, because of the restrictions placed on him by Dr. Buie and relied on by Dr. Payne, employee was sent home from the LaCygne Plant and was no longer allowed to work.
Diagnostic studies reveal that employee has pleural calcification (plaque) and pleural thickening in his left lung.
Employee last worked June 4, 2002, when employer sent him home because employer had no jobs within employee's physician restrictions. Although employee has received treatment since he last worked, there is no indication employee's condition has improved or that any of the evaluating or treating physicians believe his condition can improve.
Improve: Paul Bennett
- 4 -