JCC Denies Toxic Exposure Claim Over Truck-Terminal Shower

In Winston v. RE Garrison Trucking, OJCC Case No. 26-004448RLY, the claimant alleged that he was exposed to contaminated shower water while working as a truck driver and sought compensability, an alternate treating physician, and fees and costs.

Judge Rita L. Young denied the claims after finding that the evidence did not establish a compensable accident. The order emphasized that the claimant did not present expert testimony, testing, or medical evidence identifying a specific toxic substance, the level of exposure, or a causal link between the alleged exposure and his reported symptoms.

The practical takeaway is that an exposure claim needs more than suspicion and symptoms. Even where the employer/carrier initially pays and investigates under the 120-day rule, the claimant still must prove a work-related accident and medical causation before obtaining further treatment or a one-time physician change.

Source: Compensation Order