Construction Worker Fails in Bid to Sue Over Aspergillosis

CLEVELAND - A construction worker diagnosed with aspergillosis fumigatus after working at a sewage treatment facility failed to provide evidence of fungal exposure at the worksite or show that an outside medical testing firm should have identified his susceptibility to the disease, tested for more than lead, an Ohio appellate court affirmed June 22. Posen v. Sitecon LLC, et al., No. 86239 (Ohio App. Ct., 8th Dist.).

Ohio's 8th District Court of Appeals affirmed summary judgment for Sitecon LLC, plaintiff Paul R. Posen's employer, for general contractor Albert M. Higley Co., and for OccuCenters Inc., the medical testing company hired …