Parra v. Cemex Construction Materials Florida, LLC / Illinois National Insurance Co. / Gallagher Bassett

Scott B. Miller

JCC Weiss (Ft. Myers)(2-2-2018) – Denied all claims with prejudice. The claimant allegedly contracted lung disease due to exposure to cement dust and sought medical benefits as well as PTD. The E/C’s IME related the lung issues to rheumatoid arthritis, while the claimant’s IME testified the claimant had chronic bronchitis and interstitial lung disease due to his work in the cement industry. The JCC denied the claimant’s multiple objections to the E/C’s toxicology and industrial hygiene experts. The JCC denied claimant’s request for an appointment of an EMA as untimely, and subsequently ruled that the claimant failed to prove by clear and convincing evidence both sufficient exposure and causation. The claimant failed to show he had been exposed to a harmful substance, the identity of the substance, or sufficient exposure to the substance in order to meet the burden of proof. Even assuming the sufficient causation had been proven, claimant’s own IME testified the claimant was not at MMI, precluding the PTD claim as well.
View JCC Merits Order