Silica may have left a worker at risk, the insurer doesn’t have to pay
On October 29, a judge in the United States District Court in Pennsylvania closed a case in which a construction worker filed a lawsuit against Diamond Contract Flooring for lung damage he sustained after being exposed to toxic materials. , according to court documents. The plaintiff, Philip Mauro, won $ 375,000 in damages in the Philadelphia Common Plea Court against the flooring company, documents show.
“[Diamondâs insurance policy] provides unambiguously that injuries due to inhalation of silica dust are excluded from coverage by the exclusion of silica. In addition, since silica sand is a form of crystalline silicone dioxide, any claim based on inhalation of silica sand also unambiguously falls under the exclusion of silica. Accordingly, Ohio Security has no obligation to provide coverage or indemnify Diamond for the judgment against it, âthe court documents conclude.
Not only is silica a key ingredient in glass manufacturing, but OSHA officials say the most severe exposures to crystalline silica are from abrasive pickling, which is used to etch or etch glass. In addition, exposure to crystalline silica can occur during maintenance, repair and replacement of linings in refractory brick furnaces, such as those used in glass manufacturing.