Free v. Social Security Administration, Atmospheric Conditions Includes Dust, Fumes, and Gases

Free v. Social Security Administration is an unpublished opinion from the Sixth Circuit.  The court addressed the question of exposure to dust, gases, fumes, and other irritants in the occupation of a packager, hand.  The court said:

The job does not require exposure to dust, fumes, odors, and gases or more than occasional stooping, kneeling, and crawling, and, although the job does require constant reaching, it does not explicitly require overhead reaching.See id. § 920.587-018, 1991 WL 687916.

What the court said is false. DICOT 920.587-018 – packagers, hand.  The Job Browser Pro report summary of the physical demands:

COMMON ENVIRONMENTAL WORKING CONDITIONS (to which the worker is exposed):

  WE - Exposure to weather - Not Present

  CO - Extreme cold - Not Present

  HO - Extreme heat - Frequent

  WT - Wet and/or Humid - Not Present

  NO - Noise Intensity Level - Loud

  VI - Vibration - Not Present

  AT - Atmospheric Conditions - Frequent

  MV - Moving Mechanical Parts Hazard - Not Present

  EL - Electrical Shock Hazard - Not Present

  HI - High, Exposed Place Hazard - Not Present

  RA - Exposure to Radiation - Not Present

  EX - Explosion Hazard - Not Present

  TX - Toxic/Caustic Chemical Hazard - Not Present

  OT - Other Environmental Conditions - Not Present

The question is simple, what does frequent exposure to atmospheric conditions mean?  The SCO defines atmospheric conditions as:

7. ATMOSPHERIC CONDITIONS

Exposure to such conditions as fumes, noxious odors,

dusts, mists, gases, and poor ventilation, that affect the

respiratory system, eyes, or the skin. In Part A, the rating

for the Atmospheric Conditions component appears

seventh in the Environmental Conditions column under

the vertical heading AC.

SCO Appendix D.  

Either the parties failed to provide the court with the definition of atmospheric conditions or the court ignored the meaning of atmospheric conditions.  I assume the former.   A winnable case lost for failure to read the SCO.