Pa. Court Affirms Compensation for Worker Claiming Disability from Fly Ash Exposure

HARRISBURG, Pa. — Pennsylvania’s Commonwealth Court has affirmed a disability award for a former Kimberly Clark employee who claimed that workplace exposure to silica in fly ash led to total disability from lung cancer. Kimberly Clark Corp. v. Workers’ Compensation Appeal Board (Stanton), No. 2056 C.D. 2011 (Pa. Cmwlth. Ct.).

The court held July 5 that despite a contrary opinion from a second physician, a workers’ compensation judge had sufficient evidence that exposure to silica was a significant contributing factor in John Stanton’s illness to make the award.

Pennsylvania’s Workers’ Compensation Appeal Board had previously split 3 to 3 …