Law Offices of Edward J. Singer APLC

Home » Blog » Asthma

BUS DRIVER STRESSED AND SPRAYED UPON: INJURED WORKERS IN THE NEWS #81

Posted on April 17, 2023 by Edward Singer

Tormented by students, a School Bus Driver went viral tirade when she quit her job. The Asthmatic Bus Driver reportedly suffered attacks after students repeatedly sprayed perfume on her. Upon the second spraying. she became irate. She said that was done with “this sh@$”, and left her job of two years. dailymail.com

This article will discuss whether the incidents could constitute a work injury.

Did These Instances Constitute Work Injuries?

In California Workers’ Compensation Law, the aggravation or acceleration of an underlying medical condition can be considered as a work-related injury. Given the fact pattern, if there was a medical opinion that the Bus Driver’s condition asthma condition was somehow aggravated or accelerated then there would be a respiratory work injury. If so, she would be entitled to claim workers’ compensation benefits. These benefits include monetary compensation and medical treatment.

Even if there was no asthma injury, the stressful nature of the incident could constitute a work injury. A stress or psychiatric injury may be indicated. Again, such a claim would also require a medical professional rendering an opinion that there was an injury. The bottom line is that, regardless of how horrible the facts, they are not a substitute for medical reporting.

In sum, it is possible that both asthma and psyche injuries occurred. In that instance, it can be asserted that the Bus Driver is claiming two injured body parts.

If There Was No Asthma Injury, Can There Still Be A Psyche Injury?

Yes. In California, even if there was no asthma injury, a psychiatric claim could still be viable. In that instance, the asthma attacks could have been a mere exacerbation the Bus Driver’s pre-existing condition. The perfume may not have caused any injury but rather a momentary flare up. Both of these episodes could have caused emotional upset. If the Bus Driver could prove that the predominant cause of an emotional condition was caused by the bullying and the perfume spraying, she could pursue a psyche work injury. Again, the opinion on causation and on medical condition injured requires the opinion of a mental health professional such as a psychiatrist or psychologist.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

INDOOR SWIMMING POOLS, WATER PARKS AND WORK-RELATED ASTHMA: POOL WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on September 17, 2020 by Edward Singer

In California, there are many individuals who work at Water-Related Facilities. With respect to this article, the Water-Related Facilities to be discussed are swimming pools, water parks, and hydrotherapy spas.

These facilities have been implicated as a source of either “new asthma” or an “aggravation of a pre-existing asthma condition.” An “asthma-related injury” caused by work at such a facility would give rise to a workers’ compensation claim. Such a claim would allow the Injured Worker to obtain monetary compensation in the form of both temporary and permanent disability, medical care, and vocational rehabilitation benefits, if indicated.

This article will discuss the nature of Water-Related Facilities, conditions which make these facilities susceptible to “water-related asthma injuries”, and the types of workers at such facilities that are at risk.

What Has Science Found Concerning Water-Related Facilities and Asthma?

“Clinicians need to be aware of the potential adverse effect that indoor swimming pools and water parks may have on both causing the onset of new asthma and aggravating pre-existing asthma. Attention to swimming pools and water parks as potential triggers for asthma may, for selected patients, be an important factor in asthma management.

The American College of Chest Physicians has developed a consensus statement for the diagnosis and management of work-related asthma that clinicians can refer to when evaluating adult patients with asthma35 . Weisel CP, Richardson SD, Nemery B, et al. Childhood asthma and environmental exposures at swimming pools: state of the science and research recommendations. Environ Health Perspect. 2009;117(4):500-507. doi:10.1289/ehp.11513

What Types of Workers are Susceptible to these Injuries?

Lifeguards and Pool Maintenance Workers have been implicated to be at risk for these injuries.

What Is Asthma?

Per the Centers for Disease Control, “Asthma is a disease that affects your lungs…Asthma causes wheezing, breathlessness, chest tightness, and coughing at night or early in the morning. If you have asthma, you have it all the time, but you will have asthma attacks only when something bothers your lungs.”

“Occupational asthma occurs when someone who never had asthma develops it because he or she is exposed to something at work. This can happen if you develop an allergy to something at work such as mold or if you are exposed to irritants such as wood dust or chemicals at work over and over at lower levels or all at once at higher levels.” Supra.

What is It About Pools that Can Bring on Asthma?

The term commonly used with respect to Occupational Asthma, in this setting, is Disinfection By Products (DBPs.)

“[T]traditional chemical disinfection processes result in the formation of disinfection by-products (DBPs) (Aggazzotti and Predieri 1986; Aggazzotti et al. 1998; Beech et al. 1980; Chu and Nieuwenhuijsen 2002; Fantuzzi et al. 2001; Glauner et al. 2005; Judd and Jeffrey 1995; Kim et al. 2002; Li and Blatchley 2007; Weil et al. 1980; Weisel and Shepard 1994; Zwiener et al. 2007). The specific types and levels of DBPs formed depend on numerous factors, including the type and amount of disinfectant used, characteristics of the swimming pool and pool water, and swimmer hygiene (Zwiener et al. 2007).” Weisel CP, Richardson SD, Nemery B, et al. Childhood asthma and environmental exposures at swimming pools: state of the science and research recommendations. Environ Health Perspect. 2009;117(4):500-507. doi:10.1289/ehp.11513

One study reported that it was “nitrogrogen trichloride is a cause of occupational asthma. This should be considered when choosing chlorine-based disinfectants that are likely to come into contact with a nitrogen source. It should also be considered in anyone developing occupational asthma working at a swimming pool and is also a likely cause of asthma in those who swim in these pools. To prevent further cases, much more attention should be paid to the quality of air in indoor swimming buildings, as well as t the care of the chlorine content of the water. Occupational asthma caused by chloramines in indoor swimming-pool air. K.M. Thickett, J.S. McCoach, J.M. Gerber, S. Sadhra, P.S. Burge, European Respiratory Journal 2002 19:827-832, DOR: 10.1183/09031936.02.00232802

Does the Worker Need to Go In the Water Be at Risk for Injury?

No. Workers who do not go into pools are at risk as well. Working at the swimming pool, but not going in the pool, may be a sufficient exposure. As noted above, it is an issue of air quality within the facilities that is a concern.

I Work at a Pool Facility and Am Having Lung Problems, What Should I Do?

It is recommended you seek medical attention, If you receive a diagnosis of asthma, you would consider filing a workers’ compensation claim. It is recommended you consult with an attorney as well.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

CLEANING PRODUCTS AND WORK-RELATED ASTHMA: HOUSEKEEPERS, PROFESSIONAL CLEANERS, JANITORS, AND HEALTHCARE WORKERS: WHAT YOU NEED TO KNOW

Posted on June 28, 2020 by Edward Singer

Cleaning Products can be a source of Industrial Asthma also known as Occupational Asthma. There are certain occupations that account for a large percentage of these claims. This article will discuss Industrial Asthma, the occupations that are at risk for Industrial Asthma. It will also discuss caselaw on the issue as well.

What is Industrial Asthma?

Per the American Academy of Allergy, Asthma, and Immunology, “Occupational asthma has become the most common work-related lung disease in developed countries. However, the exact number of newly diagnosed cases of asthma in adults due to occupational exposure is unknown. Up to 15% of asthma cases in the United States may be job-related. Occupational asthma is caused by inhaling fumes, gases, dust or other potentially harmful substances while “on the job.” Often, …symptoms are worse during the days or nights…work[ed], [and] improve[d] when…[there is]time off and start again when…[there is a return] to work.”

What Occupations Are Impacted by Industrial Asthma?

The highest percentages worked in healthcare (41.1%), and were building cleaners (20.3%), or registered nurses (14.1%.) Cleaning Products and Work-Related Asthma 10 Year Update DOR 10.1097 JOM.0000000000001771

It has been found that Cleaners are at risk of some asthma‐associated symptoms and reduced lung function. Respiratory health in professional cleaners: Symptoms, lung function, and risk factors https://doi.org/10.1111/cea.13597

A “study found that professional cleaners have an increased risk of current asthma and reduced lung function. Cleaners identified as having asthma were more likely to be non‐atopic, less likely to have a doctor diagnosis of asthma ever, and had airway obstruction that was less responsive to bronchodilator administration. Amongst cleaners, working in cafes/restaurants/kitchens and/or use of multi‐use cleaner and upholstery sprays was associated with a significantly increased asthma risk, whilst exposure to glass cleaning sprays was associated with reduced (pre‐bronchodilator) lung function.” Respiratory health in professional cleaners: Symptoms, lung function, and risk factors https://doi.org/10.1111/cea.13597

Further, concerns of Industrial Asthma relate to domestic cleaners as well. See Job hazards and respiratory symptoms in Hispanic female domestic cleaners Kristina W. Whitworth,Brenda Berumen-Flucker,George L. Delclos,Sonia Fragoso,Claudia Mata & David Gimeno Ruiz de Porras,Pages 70-74 | Published online: 29 Apr 2019 https://doi.org/10.1080/19338244.2019.1606774 (“In conclusion, this vulnerable population has high prevalence of physician-diagnosis asthma and BHR(bronchial hyperresponsiveness) symptoms and is potentially exposed to myriad occupational hazards.”)

What Types of Agents Do Cleaners Use that May be Involved with Industrial Asthma?

“Cleaners are frequently exposed to a range of agents including chlorine/bleach, ammonia, ethanolamines, chloramine‐T, aldehydes, and quaternary ammonium compounds (QACs),7 which may contribute to both new‐onset asthma through sensitization (in a minority) or irritation, and exacerbation of pre‐existing asthma.8 Importantly, as many people worldwide, other than cleaners, are exposed to cleaning products, asthma due to, or exacerbated by cleaning products is a considerable public health concern.” Respiratory health in professional cleaners: Symptoms, lung function, and risk factors, https://doi.org/10.1111/cea.13597

Is There Any Caselaw Concerning Cleaners and Asthma?

In LAUSD vs. WCAB (2007) 72 C.C.C. 1719 (writ denied), a Health Care Assistant was found to have sustained an injury to her lungs and in the form of asthma when Applicant was exposed to toxic fumes during daily cleaning duties from chlorine gas that evaporated from hypochlorite found in the cleanser, “Dispatch.”

Is there anything Important that an Injured Worker can do if They believe that They have Industrial Asthma?

There are three things that are recommended. First, the Injured Worker should seek medical attention to diagnose and treat their condition. Second, the Injured Worker should documents the chemicals and cleaning material that they use on the job. Third, the Injured Worker should seek a consultation whether an industrial injury claim should be pursued.

What If I Need Advice?