Document 37kGvrnE38KGNZoqaNY47j49y

COPY WORKMEN'S COMPENSATION BOARD STATE OF NEW YORE Before a Panel of three Members on April 12, 1990 In the Matter of: Henry J. Miller T8 - Shell Oil Company Present: Alphonse P. Guardino Frederic E. Hammer Frank A. Gugino WCB Case No. 5 ^ 2 0 ^ 1 ^ On application of Claimant's Attorney 'w memorandum ct decision Under date of February 23, 1990 the Referee found that the claimant does not hare any disease related either directly or indirectly to M r o^ w a e t l o n uhlle in the employment of the Shell Oil Company. '"' T & cla latent's attorney Is objecting to the disallowance of the claim on the ground that the evidence indicates that the claimant is suffering from an occupational disease within the meaning of the lav. The attorney contends that the claimant contracted lead poisoning as a result of his occupation. The record discloses that the claimant was employed as a driver salesman for the Shell Oil Company for 9~l/2 years. His duties involving delivering gasoline and oil in tank trucks holding from 2100 to 3^00 gallons of gasoline. The gasoline is brought to the yard at Milton by boat and unloaded into storage tanks. The trucks were filled in the yard from 3 to 9 times a day end most of the time claimant would fill the truck with gasoline himself. Usually the trucks were loaded from the storage tanks but about once or twice a week they were filled from the surplus in the unloading hose from the boat. In filling the trucks from the boat the gasoline would sometimes spill all over the claimant's clothes and he would be saturated with gasoline. He would remain in those clothes all day. When the trucks were loaded from the storage tank they were loaded on a platform covered with a canopy. The claimant would open the dome on top of the truck and look into the compartment of the tank to see if it was clean or empty. The tank contains fumes from the gasoline and these fumes would escape when the dome was opened. Claimant would then proceed to put the spigot from the hose of the loading tank into the dome of the compartment of the truck. The spigot was smaller than the dome opening and there was a space through which, the fumes escaped. If there was remaining gasoline In the truck at the time he pro ceeded to fill same the nearer the top the gasoline came the more fumes escaped. About fifty gallons a minute were pumped into the tank of the truck. Claimant also worked long hours, sometimes 16 or 17 hours a day. About 2 or 3 months before September 19^2 claimant began to develop fainting spells. In September 19^2 he was unable to continue his work because he felt sick and was afraid to drive the heavy truck beoause of the . fainting spells. In September 19^2 he told his foreman, Clinton Buckner, that he was sick and could not proceed with his work. Claimant has lost considerable weight, suffers from dyspnea, and. has pain in his stomach. 2he evidence further discloses that ethyl lead and tetra ethyl is used in gasoline and. that tetra ethyl in its fluid form is poisonous. The medical evidence indicates various diagnoses were made as to the claimant's 0004661 2- condition, tut Indicate that claimant la primarily suffering lead poisoning due to the prolonged absorption of lead In the course of his employmSnt. . After a review of the record the Board believea and holds that the preponderance of probative evidence adduced sustains a finding that claimant is suffering from lead poisoning due to exposure to ethyl lead, tetra ethyl and gasoline fumes while In the course of his employment and therefore claimant sustained an occupational disease within the meaning of the law. Accordingly, that part of the referee's decision of February 23, 1950 disallowing the claim is REVERSED and the ease is restored to'"the referee's calendar to consider an award for disability. All concur. /, Alphonse P. Guardlno Frederic X. Rammer Frank A. Gugino j <jj ; *V 0004662