Court Upholds Award Based on Testimony of 'Inconsequential' Bilateral Thickening

HARRISBURG, Pa. - A state court in Pennsylvania has denied benefits to a former pipefitter who claimed he suffered from shortness of breath as a result of his disputed asbestosis and bilateral pleural thickening. Toy v. Workers' Compensation Appeal Board, No. 1793 C.D. 2002 (Pa. Cmwlth. Ct.).

In an unpublished opinion issued Feb. 20, the Commonwealth Court of Pennsylvania upheld a decision denying disability benefits to Frank Toy, a former Allied Corp. employe. The court held that Toy wasn't entitled to receive benefits because his alleged condition was 'clinically inconsequential' and did not keep him from returning to his job, …