Worker establishes asthma as compensable disability

In Michigan, a worker does not need to show that he was turned down by prospective employers because of his work-related condition to establish his injury reduced his wage-earning capacity.

Case name: Jankowiak v. Means Industries Inc., 23 MIWCLR 207 (Mich. W.C.A.C. 2009).

Ruling: The Michigan Workers' Compensation Appellate Commission affirmed an award of pulmonary disability from exposure to lubricating oils, rust inhibitors and other irritants.

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What it means: In Michigan, a worker does not need to show that he was turned down by prospective employers because of his work-related condition to establish his injury reduced his wage-earning capacity.

Summary: A drywall worker suffered from asthma from exposure to irritants. His medical restrictions required him to work in a clean environment, as he tired easily and became short of breath. His former employer objected to the finding of disability. It argued that the worker failed to prove he was refused work by prospective employers because of his work-related asthma. The commission explained that Michigan's law does not require such a task. The worker demonstrated he applied at numerous locations and was not hired. The commission affirmed the award of benefits, finding the record supported the finding that his wage diminution was caused by his asthma.

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December 14, 2009

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