Man With Chronic Beryllium Disease Receives Successful Settlement In Landmark Case

Posted in: by Victor Kademenos

The Sandusky attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA have a great deal of experience representing clients diagnosed with beryllium disease, due to their close proximity to the Brush Wellman plant. Back in the 1970s, a man working for the company was diagnosed with chronic beryllium disease, permanently damaging his lung tissue. The disease progressed rapidly, eventually preventing him from working. Attorney Kademenos represented the man in acquiring a fair workers’ compensation claim.

Attorney Kademenos filed for permanent total disability at the date of his disability. At this time, he was earning about $35,000 annually, substantially more than he was making in the 1970s at the time of his diagnosis. However, our client was able to continue working for a period of 20-years before he became physically disabled. Regardless of the amount, he was currently earning, the Ohio Bureau of Workers’ Compensation was only offering him an amount equal to his rate of pay in 1972, about $75 compensation a week.

We appealed this decision to the Ohio Supreme Court, arguing this meager compensation was unacceptable. Seeing unsuccessful results, Kademenos argued that the benefits should be awarded for the date of his disability, rather than the date of his diagnosis. The process of this claim took a period of about two years until we successfully settled for a favorable amount. Sadly, just two months after receiving his check, our client passed away.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.