A split West Virginia Supreme Court on Tuesday upheld a denial of workers compensation benefits to a man who claimed he developed Parkinson’s disease after being exposed to industrial chemicals while working as an automotive paint technician.
The court, in a 5-1 decision, ruled that Gregory Gwinn was unable to prove that he developed Parkinson’s disease due to occupational chemical exposure. Mr. Gwinn worked in the industry from 1992 to 2018, the year he filed for workers comp.
He claimed “inhalation and dermal exposure” to paints, solvents, primers and chemicals caused his disease.
His employer, Beckley, West Virginia-based Lewis Chevrolet Co., submitted an independent medical evaluation that cast doubt on whether Mr. Gwinn developed Parkinson’s disease due to work activities.
Another doctor who examined Mr. Gwinn said it’s rare to develop Parkinson’s disease at a young age and that the industrial exposure could possibly be associated with the diagnosis.
In 2022, the West Virginia Insurance Commissioner’s Office of Judges found that Mr. Gwinn failed to offer enough proof to establish an occupational disease claim. A review board and the state Supreme Court upheld that determination.
The dissenting Supreme Court justice said the case should have been permitted to proceed because of lingering questions over causation.
