Former QPP Worker Fights For Workers' Compensation.

April 3, 2008
By MIA SIMPSON
Austin Daily Herald

Susan Kruse

One former Quality Pork Processors employee has formally challenged the company's denial of her workers' compensation claim, according to Minneapolis-based attorney Ray Peterson, who said he filed paperwork Tuesday.

Peterson, of the law firm McCoy, Peterson and Jorstad, represents Susan Kruse, a woman afflicted by a set of neurological symptoms allegedly caused by work exposure to pig brain mist created by air compressors she and others used during the slaughtering process.

"Exposure to this essentially biological matter was a substantial contributing factor to the development of the disease," said Peterson, referring to findings made by a board-certified Twin Cities neurologist who evaluated Kruse.

Peterson said he sought independent medical evaluation of his client because of the basis of the denial, which refuted links between her health condition and her work at the plant.

In addition, he said, investigations by Mayo physicians and the Minnesota Department of Health may take too long to establish possible causality given her continuing poor health.

"The luxury of time isn't on the side of these injured workers," he said, adding that thus far all those with these symptoms who've sought workers' compensation benefits have also been denied.

Quality Pork Processors president Kelly Wadding said, however, that "a lot of the employees" affected by the disorder are already being covered, though he couldn't say exactly how many.

He attributed the initial denials to the fact that medical information hadn't been shared and interviews of employees hadn't been conducted in some cases, though he emphasized once causality was established, they would be compensated.

"Once it's determined that they've contracted the illness at work, they'll be eligible for workmen's comp," he said, adding that the company has utilized medical expertise from the Mayo Clinic so far.

Mayo Clinic physicians were unavailable for interviews Tuesday and Wednesday morning.

"It's a new disease, so there's a lot of things they need to determine," Wadding said. "People will be covered, and we will take care of them. We filed the workmen's compensation claims ourselves, not the lawyers."

According to the Minnesota Department of Health Web site, between December 2006 and November 2007, 13 QPP employees have been diagnosed with progressive inflammatory neuropathy, or PIN, a disorder with symptoms ranging from acute paralysis to weakness.

The department has already suggested a link between the plant and the health problems of the 13 employees, though researchers continue to probe into the biological mechanisms, causality, public health risk and case volume, according to spokesperson Doug Schultz.

"Basically, what we've been saying is we believe that the number of people who have contracted this inflammatory neuropathy, essentially, was somehow probably triggered by contact with brain tissue from exposure to the plant," he said.

Schultz added, however, that definitive answers aren't guaranteed, and he couldn't project when the investigation would conclude.

"Generally, more often than not, it tends to be open-ended," he said.

"But clearly, epidemiologically speaking, there are very strong links between the people who are ill and apparent exposure to brain tissue," he said.

The combination of symptoms has been debilitating for some, and treating their condition hasn't been cheap, according to attorney Paul Dahlberg of Meshbesher and Spence, which is representing "most" other workers affected.

"They're really scared," he said, quoting medical expenses ranging $30,000 to $100,000 for his clients.

"Some of the (news) articles seem to make it sound like people are getting better," he said. "That's not true.

"They may be going back to work, but they have so much fatigue, it's about all they can do," he added.

Dahlberg said Meshbesher and Spence is waiting until investigations at the Mayo Clinic and the Minnesota Department of Health conclude before choosing a next course of action for compensation claims denied.

"Insurance companies deny claims all the time, but this is appalling," he said. "The denials are usually one line - there's not enough information."

Indeed, according to James Honerman, communications director at the Minnesota Department of Labor and Industries, denials aren't rare among workers' compensation claims, particularly in cases where the illnesses are unique, as is the case with QPP.

"It's not to say the claim won't eventually move forward," Honerman said.

"After a review to determine what the exact cause of the injuries are, then the workmen's comp claim would move forward," he added, referring generally to compensation claims.

Workers' compensation covers wage loss, medical expenses and any permanent disability resulting from a work-related illness or injury. The system, decades old, was developed in an attempt to ensure financial recovery for ill or injured employees while protecting companies, in most cases, from civil lawsuits.



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