Mysterious illness kills employee: Was it work-related?

An employer contested a widow’s application for workers’ comp death benefits, arguing there wasn’t enough proof her husband’s fatal illness was work-related. Did a court grant her benefits? 

Dennis Holbert worked for JBM Inc., a company based in Tennessee that manufactures and installs steel structures throughout the U.S.

On Aug. 12, 2012, JBM sent Holbert along with other workers to Pennsylvania for the installation of a synthetic gypsum system at a cement plant. On Aug. 27, Holbert went to a walk-in clinic with a cough, congestion, post-nasal drip, headache, fatigue and chills. He said he’d had the cough for three days and it was getting worse. Doctors diagnosed sinusitis and prescribed antibiotics.

Three days later, a co-worker took Holbert to the hospital because he continued to get worse. A doctor said Holbert was hypoxemic and in “significant respiratory distress,” requiring intubation.

On Aug. 31, Holbert was in a coma on life support, diagnosed with pneumonia and septic shock.

Holbert briefly emerged from the coma on Oct. 10, but died on Oct. 12, 2012. The final autopsy report listed two immediate causes of death: acute gastric hemorrhage of a gastric ulcer, and disseminated systemic Aspergillosis – a fungal infection, typically found in patients with suppressed immune systems or lung disease.

In applying for workers’ comp death benefits, Holbert’s widow alleged her husband died as a result of inhaling dust in the course of his job for JBM. A trial court ruled she met her burden of proof and awarded her death benefits. JBM appealed, claiming there wasn’t enough medical proof Holbert’s death was work-related.

In a deposition, the first doctor who treated Holbert said:

“Because we didn’t identify any pathogens, infectious pathogens, it is reasonable to attribute the cause of [his] pulmonary process to his environmental exposures that he encountered while he was working locally.”

The doctor said it was “more likely” Holbert’s work exposure led to his death, and she could say that with a reasonable degree of medical certainty.

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