Just FYI: Detailer Lawsuit

Heatgain · 01-07-09, 07:16

Make of this what you will, there are several layers of interest to us in this:
Alabama Court of Civil Appeals
WORKER’S COMPENSATION: Causation. Charles Atterberry worked as an automobile detailer for a car dealer for approximately two years. During that time, he used several detergents and cleaning products containing toxic chemicals. He was hospitalized in February 2007, suffering from severe respiratory distress. He remained hospitalized for three months and when he was released, he continued to suffer from low blood-oxygen levels. Atterberry filed an action seeking workers’ compensation benefits. At the time of trial, Atterberry had not yet reached maximum medical improvement (“MMI”). The trial court determined that Atterberry had suffered a nonaccidental injury and that his illness was compensable. The employer appealed.
Reversed. Legal and medical causation in cases involving a cumulative-physical stress or gradual-deterioration injuries must be established by clear and convincing evidence. At trial, Atterberry’s treating physician, Dr. Randy Dotson, a pulmonologist, testified that the chemicals that Atterberry was using are toxic and that, if aerosolized, can get into the lungs. He did not know the specific disease from which Atterberry suffered because no biopsy had been performed. The employer presented testimony from an expert indicating that Atterberry’s exposure to chemicals would not have caused his lung disease. He opined that Atterberry’s problems were related to pneumonia.
In order to prevail on a claim for disability as a result of an occupational disease, Atterberry had to show that he was at an increased risk of contracting the disease as a result of exposure in his employment or that he was exposed to a peculiar hazard in his employment in a manner substantially different that employed persons, in general, are exposed. Atterberry failed to prove that the chemicals to which he was exposed created an increased risk that he would suffer from a lung condition. Moreover, “the evidence, when viewed in its entirety, cannot be said to create a firm conviction that Atterberry’s exposure to the chemicals used in the detergents and solvents at the employer’s garage was materially in excess of the exposure to those same chemicals others face in their everyday lives.”
The judgment of the trial court is due to be reversed. Greater Mobile Chrysler-Jeep, Inc. v. Atterberry, 18 ALW 1-7 (2070562), 12/19/08, Mobile Cty.

An update: Mr. Atterberry is currently suing a local supplier of detailing products.

brwill2005 · 01-07-09, 07:24

Interesting. I would be interested in what chemicals the dealership was using. I would also be interested in what the Plaintiff's personal habits were. I guess this is all the more reason to use safe and environmentally sound products.

Setec Astronomy · 01-07-09, 07:41

I wonder if they were using HF-based wheel cleaners?

Danase · 01-07-09, 07:54

I think if it was a legit problem you would have some sort of class action suit with a ton of detailers involved in it. I'd like to hear the other side of the story on this one. Did the guy smoke? Did he work on cars with the garage door shut and no exhaust fan systems?

michakaveli · 01-07-09, 01:42

There are so many variables out there to consider regarding the plantiff. It would make sense that the plantiff had a pre-existing condition(s) that may have been exacerbated by the exposure to certain chemicals, but go try to prove that... Very Difficult.

Also you must be conscious of what you do may affect your future health. I cringe anytime I see detailers sitting on concrete floors or kneeling on the hard surface, concrete, asphalt, etc... as this arguably deterimental to your joints in the future, increasing risk of arthritis and joint degenerations. A family member has been a housekeeper for approx. 25 years and has arthritis affecting the knees and may need a knee replaced due to the wear and tear. It's rought out there. It's all about proper technique.

However I do feel bad if the plantiff's claim is legit, but you gotta use common sense also.

Auto Concierge · 01-07-09, 08:46

Two years and this guy develops these health problems,I must be lucky then as I have been detailing steady since 1994..............

We all know some chemicals are nasty,but gloves,proper ventilation ect... common sense needs to be applied.

Exelero · 01-07-09, 09:32

sounds like a bunch of bs an just another person in these tough times tring to make a fast buck.i have been detailing for almost 21yrs. and have used some of the most harshest products an i'm still going.i don't smoke but i do drink an thats not including the details i do at home so go figure.

gbackus · 01-07-09, 09:42

Quote:

Originally Posted by Setec Astronomy

I wonder if they were using HF-based wheel cleaners?

or cleaners with tsp or any other number of toxic ingredients

DaGonz · 01-07-09, 10:02

This is the reason that one has to read the labels on the containers and the Material Data Safety Sheets (MSDS) on any cleaning product one uses, wheter it be for home, automotive or profesional use and wear the approprite protective gear (gloves, safety glasses, masks, etc.).

MCWD · 01-25-09, 11:53

Although it may not be a concern for some of us that are working for ourselves, this is something that we all have to consider. Whether this guy is going to have a settlement or not, or whether his health is truly effected soley from these products should be a warning for all of us. Switching to products that are friendly for the environment, and the user will keep you safe, and reduce your chances of getting into this type of situation.

AppliedColors · 01-26-09, 08:37

Quote:

Originally Posted by MCWD

Although it may not be a concern for some of us that are working for ourselves, this is something that we all have to consider. Whether this guy is going to have a settlement or not, or whether his health is truly effected soley from these products should be a warning for all of us. Switching to products that are friendly for the environment, and the user will keep you safe, and reduce your chances of getting into this type of situation.

Most detail shops couldn't meet deadlines without acid-based wheel cleaners and solvents. Yes, there are safer chemicals, but they can double cleaning time.

Wear gloves, work in ventilated areas, and use a respirator when necessary (extended exposure to solvents). You'll be fine, like the 99% of detailers that use these chemicals.

The greatest threats to detailers are sore lower backs and empty wallets.