Mich. Air Controller Wins Benefits from Dept of Labor for Mold Exposure

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Columns. Below are some of the breaking stories recently uploaded to the

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“These records support that you have the clinical diagnosis of chronic

inflammatory illness based on laboratory testing, diagnostic testing, and

physical

and neurological evaluation,†the examiner said.

“Specifically, you have abnormal findings of the brain demonstrated on MR

Spectyroscopy; cognitive dysfunction; increased Ca4; increased MMP-9; and

genetic susceptibility,†the examiner added.

Date: 3 April 2009 Mich. Air Controller Wins Benefits for Mold Exposure at

Detroit Tower Related Document: _Notice of Decision - MOL-0904-02_

(http://www.harrismartin.com/pdfs/MOL-0904-02.pdf) (PDF format)

DETROIT ¬— The U.S. Department of Labor has accepted a claim for workers’

compensation benefits from an air traffic controller who says he suffers from

chronic inflammatory illness and neurological injuries from exposure to mold

in the control tower at Detroit Metropolitan Airport. In the Case of

Haefner, No. 0920855156 (U.S. Dept. of Labor, Employment Standards

Administration).

In a March 30 letter, a claims examiner from the Employment Standards

Administration, Office of Workers’ Comp Programs confirmed that

Haefner is

entitled to disability benefits for chronic multisystem illness due to mold

exposure.

The claims examiner added that while Haefner could not return to work at the

Detroit Tower and, indeed, has not been to work there since August, the

Office of Workers Comp Programs would need an updated to his work capabilities

to

assess his current restrictions or limitations.

Haefner is one of 15 air traffic controllers who complained of illness from

mold that was first reported at the tower in 2005. At least three of those

plaintiffs have now successfully sought workers’ compensation benefits

because

of mold-related illness, according to one source.

Haefner’s initial request for workers’ compensation benefits was rejected,

the claims examiner said in her March 30 Notice of Decision.

The examiner explained that Haefner’s medical expert, Dr. Ritchie Shoemaker

of Pokomoke, Md., offered the same diagnosis in Haefner’s previous

application, but failed to provide supporting diagnostic and laboratory testing

and

clinical findings, or offer a link between Haefner’s illness and exposure

dating

to November 2005.

The claims examiner said that the medical reports accompanying Haefner’s

latest submission provided the “missing element†in his claim for benefits

under the Federal Employees’ Compensation Act.

“These records support that you have the clinical diagnosis of chronic

inflammatory illness based on laboratory testing, diagnostic testing, and

physical and neurological evaluation,†the examiner said.

“Specifically, you have abnormal findings of the brain demonstrated on MR

Spectyroscopy; cognitive dysfunction; increased Ca4; increased MMP-9; and

genetic susceptibility,†the examiner added.

“Each doctor essentially stated that they believed your exposure to mold at

the Detroit Tower was or likely was the cause of your condition and at the

very least contributed to it,†the examiner stated.

The examiner said that Dr. Shoemaker, in particular, provided a “definitive

and well rationalized†opinion, that included “similar studies of similar

patients, objective clinical data, the ‘rule out’ of other illness,

positive

examination findings, and his medical expertise in this particular area of

medicine.â€

The examiner also credited testimony from occupational and environmental

medicine specialist Dr. Ernest P. Chiodo of Clinton Township, Mich., and

neurologist Dr. anne Guidice.

Dr. Guidice reported that Haefner is “neurologically disabled†from working

as an air traffic controller, according to the claims examiner. He has a “

distinctive grouping of symptoms and a distinctive grouping of signs on the

neurological examination†that are similar to another air traffic controller

in

the Detroit Tower examined in 2006, Guidice said.

The examiner also said that evidence submitted in February 2008 from

A. Pinto of Wonder Makers Inc. showed that swab and tape samples from the

tower indicated the presence of several mold species, including stachybotrys,

ulocaldium, aspergillus, pithomyces, alternaria, cladosporium, penicillium

and acremonium.

Pinto opined that the samples indicated that previous fungi samples were not

properly identified and prior remediation had been ineffective, and “the

health effects suffered by many of the controllers are likely related to mold

exposures.â€

Haefner is one of 20 air traffic controllers or spouses who filed a personal

injury lawsuit alleging mold-related illnesses. , et al. v. MIS

Corp., et al., No. 07-cv-14005 [E.D. Mich.]; See Columns: Mold, Oct. 2007).

Those

claims, which were removed from state court, were dismissed by the U.S.

District Court for the Eastern District of Michigan on contractor immunity

grounds; those decisions are on appeal to the 6th Circuit.

The plaintiffs allege negligence on the part of defendant

remediators hired at various times to remove mold or replace building

materials.

Plaintiffs also allege that testing at the site was inadequate.

Defendants include MIS Corp. (formerly MIS Environmental Services); Coach’s

Catastrophic Cleaning and Restoration Services Inc.; TEOC Inc. (a/ka

Tillotson Environmental Occupational Consulting); Clayton Environmental

Consultants;

Bureau Veritas North American Zinc.; s Facilities Inc.; and Safe

Technology Inc.

Dodd B. Fisher of Fisher Associates in Grosse Pointe, Mich., and Ellen G.

Schreuder and Gene S. of Mancini, Schreuder, Kline & Conrad in Warren,

Mich., represent Haefner and other plaintiffs.

Document Is Available

Call (800) 496-4319 or

Search www.harrismartin.com

Notice of Decision Ref# MOL-0904-02

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[Guest guest]

This is very interesting. It seems to support a hunch that toxic molds are more

likely to take hold and thrive in environments which are higher in electrical

emanations. Shoemaker states in his book " Mold Warriors " that he wasn't sure

whether putting a UV sanitizer in the central air conditioner duct system was a

good idea. I tried it, and it definitely increase the high frequency readings

on the ducts, in other words the ducts were radiating or vibrating more than

they were when the UV sanitizer was off. It makes me wonder if over time the

virulence or toxic qualities of the molds in the vicinity of the ducts would

increase due to additionally stressful conditions. (the most toxic mold

varieties survive, while the more benign strains suffer demise. We do know

that certain strains of mold do better in high radiation environments.

Bottom line, I feel like I am seeing a pattern: many incidences of human

sickness associated with toxic mold/pathogens seem to be highly correlated with

high frequency radiation in addition to the incidence of high exposure to heavy

metals which are also highly unstable from an energetic point of view. Has

anyone any thoughts on this? Forgive me for being so abstract.

Thanks,

Kate