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Plant worker develops interstitial fibrosis with disabling breathing impairment.

Hartley Law Group, pllc recently filed a lawsuit on behalf of an employee and her husband in the Circuit Court of Berkley County, West Virginia as a result of her development of interstitial fibrosis and breathing difficulties. Dora Carbajal De Vences worked in the final finish department of Maax Martinsburg's Aker Plastics Co. facility in Martinsburg, West Virginia from 1999 through 2015, buffing, sanding, and painting fiberglass bathtubs. The environment in the final finishing department where Dora worked was extremely dusty and contaminated with vapors and fumes due to a combination of fiberglass, silica, and talc dusts as well as the use of chemicals and solvents. Plaintiff asserts that the manufacturers and suppliers of the chemicals and solvents she worked with and around failed to warn or adequately warn her of the risks associated with their products. Plaintiff further asserts that Maxx did not supply their employees with personal protective equipment such as respirators or any other protective equipment or utilize engineering controls to shield them from inhalation exposure to the dusts, chemicals, and solvents. Plaintiff contracted interstitial fibrosis, a disabling lung disease, in March 2015. Ms. Carbajal De Vences' filed a worker's compensation claim for interstitial fibrosis which was recently held compensable by the West Virginia Workers Compensation ALJ.

Plaintiff and her husband name as defendants in their lawsuit Dora's former employer – Maax US Corporation, individually and as successor-in-interest by acquisition to Aker Plastics Co. – as well as the suppliers of the fiberglass, silica, talc, chemical, and solvents. Dora Carbaja De Vences, et vir, v. Maax US Corporation, etc, et al., Berkley County, West Virginia Circuit Court Civil Action No.: 17-C-98.

Click here to view the complaint filed.

Categories: Work Injury
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