A federal court of appeals has overturned a ruling against a former worker of an offshore platform seeking damages for hypersensitivity pneumonitis and fibrosis of the lungs.
Earlier, the case had been dismissed in district court on the grounds that that the statute of limitations had expired.
Herbert Pretus filed the claim for compensation against Diamond Offshore Drilling, Inc. Pretus worked aboard the Ocean Confidence, a former floating hotel being converted into an offshore platform, in 1999 and 2000. Working conditions there were allegedly damp and moldy, causing him to have cold-like symptoms which purportedly cleared up once he returned home.
In July, 2004, Pretus took a leave of absence from the company, citing severe coughing and shortness of breath. Six months later, Dr. Michael Hill, his physician, advised him that he may have had a fungus infection in his lungs.
In September, 2006, Pretus sued Diamond, his employer, after being diagnosed the previous year with a lung disorder allegedly contracted while working on the Ocean Confidence.
Diamond countered that the three year statute of limitations for filing the claim had elapsed. The lower court agreed, stating that Pretus had had a sufficient opportunity to discover and disclose his condition.
However, the 5th Circuit Court of Appeals overturned the verdict on the grounds that the statute of limitations was still in effect from the time he reasonably could have discovered when he was suffering from the illness.
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