We sought to get this wonderful woman under the protection of an Award of lifetime medical benefits. Since her employer and the insurance company denied her claim, a Hearing was set before a Deputy Commissioner.
Landau was able to compile evidence in support of this baker’s claim. The Herndon trial lawyer elicited evidence from the treating doctors to the requisite standard of “a reasonable medical certainty.” The medical doctors were able to address the following questions which helped us to win the case:
1. Is your patient disabled (either totally or partially – and what restrictions as to work hours, physical limitations and exposure to: baking products, dust, airborne particles, other irritants, etc., would you suggest so as not to undo the good work that has already been done) ? and, if so,
2. Is this disability likely as the result of her on-the-job exposure to baking products such as yeast, powdered milk, flour, cocoa, baking powder, cinnamon, etc., as opposed to any preexisting disease process, genetic predisposition, or other ordinary disease of life or injury ?
3. Was her history consistent with your physical examination, diagnostic testing and/or surgical findings ?
4. What was the date your diagnosis was conveyed and what was the diagnosis and prognosis?
5. Are your treatments and referrals for testing and therapy likely as a result of her on the job occupational exposure and disease?
6. Was there a direct causal connection between her workplace conditions (large scale baking, i.e., 500 dinner rolls at a time for the largest middle school in Virginia) and her pulmonary fibrosis and other respiratory diagnoses ?
7. Is her disease characteristic of her work and caused by conditions peculiar to such employment ?