Article ID: 91fdbb806b600e2c85d88bf80689f860829a0f2f1045b60249fed6b6204c017c
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URL: https://www.businessinsurance.com/shipyard-workers-post-employment-lung-injury-award-upheld/
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Shipyard worker’s post-employment lung injury award upheld - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Shipyard worker’s post-employment lung injury award upheld by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jun 24, 2026 A federal appeals court upheld workers compensation benefits for a former shipyard painter who developed breathing difficulties after years of exposure to paint fumes, chemicals and sandblasting materials. In Jeffboat Inc. and American Longshore Mutual Association Ltd. v. Director, Office of Workers’ Compensation Programs, and Calvin F. Chaffers , the 7th U.S. Circuit Court of Appeals affirmed a Benefits Review Board decision awarding benefits under the Longshore and Harbor Workers’ Compensation Act. Mr. Chaffers worked at Jeffboat’s Jeffersonville, Indiana, shipyard from 2005 to 2017 as a painter, paint inspector and supervisor. He alleged that exposure to toxic paints, thinner, welding fumes, sandblasting particles and other substances caused or aggravated pulmonary problems. An administrative law judge credited the opinion of Mr. Chaffers’ medical expert, who attributed his emphysema and restrictive lung impairment in part to workplace exposures and assigned a 14% permanent impairment rating. Jeffboat’s expert disputed that Mr. Chaffers had a pulmonary disease and suggested his symptoms could be related to smoking or other health conditions. The appeals court said substantial evidence supported the administrative law judge’s decision to give greater weight to Mr. Chaffers’ expert. The court said a claimant need not prove a specific disease under the law and may establish an injury by showing physical harm, including coughing and shortness of breath. The court also held that pre-existing conditions do not bar compensation when workplace exposures contribute to or aggravate symptoms. Jeffboat waived its challenge to a $4,695.50 attorney fee award by failing to provide supporting records or adequately develop its argument, the court said. 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