Document qa4X8gjKvO9wZ1Jym2g6RzVVK

, f i 'j MARTHA OZOLINS, Surviving i Spouse of Alexandre t Ozolins WORKERS' COMPENSATION COMMISSION :! Claimant I i | VS. j OLIN CORPORATION, : THIRD DISTRICT Respondent CLAIMANT'S PROPOSED FINDING AND AWARD FINDING 1. Alexandre Ozolins, a chemist, was employed by the respondent Olin Corp. in chemical research work at the respondent's New Haven research'laboratory continuously from 1957 through Sept. 5, 1980. 2. In 1949, Mr. Ozolins was married to his surviving spouse and claimant Martha Ozolins, and resided with her continuously until his death. 3. On September 5, 1980, Mr. Ozolins was diagnosed as having a brain cancer, glioblastoma multiforme, from which cancer he died on April 7, 1981. <_aw o*r<ccs XENDENEN ft LESSER PWOrCSfilQftAl. COMTOWATlON 400 OAANGC STMCT * o bq t?a* HAW Hkvth, COHN 0*907 (203) 7BT-1 193 JWBi* NO 0*779 4. It is found that Mr. Ozolins was significantly exposed to a wide variety of organic chemicals, some of which are known and suspected human carcinogens, known and suspected brain carcinogens, and chemicals Otil 6449 closely analogous structurally to said carcinogens, while in 'the emoloyrnent of the respondent. i ;| 5. Respondent denies that claimant's glioblastoma multiforme i arose out of and in the course of his employment by respondent. jRespondent further claims that notice of claim, filed 3/23/81, was il untimely. 6. Lengthy medical testimony was presented by the claimant through Or. James Robins, a physician and occupational epidemio logist practicing and teaching at the Harvard School of Public Health, and by Dr. Edward Greenwald, an oncologist practising in New York, New York, and author of a text book on cancer epidem iology . 7. Based on the testimony of Dr. Robins and Dr. Greenwald, it is found that: a. Numerous published studies by medical researchers have found excess rates of brain cancer in groups of workers occupation ally exposed to organic chemicals, including organic chemicals LAW QFFiCCR CLENOCNCN A LESSCR A PROPtMONAk, CORPORATION 400 ORANGt fTACCT P O RQ* ncw havoi. Conn orsot (901) ?R7- I l) JijAtS NO OtTTR with which Mr. Ozolins worked in his employment by respondent. b. Because of the exposure of said groups to numerous chemicals, no single chemical causal agent can be identified as the probable cause of excess rates of brain cancer, with the possible exception of vinyl chloride, with which Mr. Ozolins worked in his employment by the respondent. OLI 6450 c. Sound medical opinion is that occupational exposure to small organic petrochemicals and their derivatives, to which Mr. Ozolins was exposed, causes an excess in brain cancer in exposed human populations. d. A substantial number of experimental studies have found that numerous organic chemicals cause brain cancer in animals, including vinyl chloride and acrylonitrile, to both of which Mr. Ozolins was exposed in'his employment by respondent. e. Sound medical opinion is that it is highly probable that chemicals which cause cancer in animals also cause cancer in humans, based on the findings of animal experiments and human cancer epidemiology with respect to numerous carcinogens. f. It is highly probable, given the lack of concern with human carcinogens prior to the mid-1960's, that Mr. Ozolins had significant exposure to the chemicals with and around which he worked in the employment of the respondent. This finding is also based on the testimony of Dr. John Churchill, Dr. Theodore L. i_AV Offtcu CLENOCNCN & LESSCR * A*QAC94lONAl COftKNtATlQN 4OQ 0*NG4 a o aox Nflw HAVfN. CONN 04BO7 (J03) 7B7- I l3 JU*t NO. 0*779 Heying, and Martha Ozolins. g. The laboratory employees concerned with chemical research at the Olin Corporation New Haven laboratory employed for a minimum of 6 months prior to 1962 have exhibited an unusually high rate of glioblastoma multiforme; three cases have occurred OLI 6451 in this employee population. Analyzed using conservative epidemioi "i I logical assumptions, this rate is at a minimum several hundred | percent higher than the expected age-adjusted rate of I i I glioblastoma multiforme in the general population of Connecticut i white males. Using standard conservative epidemiological statis- tical analysis, it is extremely improbable that such an excess rate of glioblastoma multiforme occurred merely by chance. | i j ! j I t j h. Relying upon the evidence of occupational brain cancer epidemiology; the excess rate of glioblastoma multiforme among the Olin laboratory employees engaged in chemical research in the New Haven laboratory; medical scientific knowledge of chemical carcinogenesis; animal experiments demonstrating chemical induction of brain cancer; and the laboratory records and related testimony demonstrating a high probability of significant exposure of Mr. Ozolins to small organic chemicals, including carcinogens and suspected brain carcinogens, Dr. Robins and Dr. Greenwald testified that there is a reasonable medical probability that the glioblastoma multiforme suffered by Mr. Ozolins was substantial! Utw OFFICCS CLCNDCNCN ft LESSER A MOftttQNAL CORPORATION 400 ORANGC STRUT A O BOX I72# MW HAVCK CONN 0SS07 (iOli 7*7-I1*7 JUfttft NO. OB771 caused by exposure to chemicals in the employment of the respondent and this testimony is adopted as a finding. 8. This glioblastoma multiforme was the cause of Mr. Ozolins death on April 7, 1981. OLI 6452 0 9. Mr, Alexandre Ozolins was totally disabled within the meaning of the Act as of September 6, 1980. 10. Notice of claim was timely within the meaning of the Act. 11. The medical, epidemiological and other testimony presented by the respondent has been considered. There is some conflicting medical opinion and all of the evidence of all of the physicians has been reviewed carefully. 12. It is found that the weight of the medical and other evidence substantiates the claim that the glioblastoma multiforme suffered by Mr. Alexandre Ozolins arose out of and in the course of his employment by the respondent, and is therefore compensable. AWARD Whereupon it is ordered and adjudged that: (a) Adequate notice was given by claimant under Conn. Gen. Stat. 31-294. LAW OFFICES CLENOCNEN ft LESSER A FMOFlS*iO*AL COftAQftAftON 400 OftANOC STftCCT m o so* ncw haven, conn 0*107 (SOS* 7T' MSS juftll NO 0*779 (b) Claimant be paid compensation for the temporary total disability of Mr. Alexandre Ozolins from Sept 7, 1980, plus attendant cost of living increases by respondent until the date of death, April 7, 1981. (c) Claimant be paid compensation and funeral benefits pursuant to 31-306 et seq. until her death or remarriage.