Citicorp appeals worker's comp cases

October 19, 1997

By TERRY TALBERT

Staff Writer

Lawyers for Citicorp Credit Services Inc. in Hagerstown want a jury to decide if two of the company's employees should get state worker's compensation benefits for illness they claim was caused by sewage backups at the plant.

The attorneys, who also represent Citicorp insurer Reliance National Indemnity, filed appeals Wednesday in the cases of Kimberly Brown and Deborah Yost Earley. They asked for trial by jury.

The two women were among three current and former Citicorp employees represented by Attorney Bill Proctor who were granted benefits by retired Workers' Compensation Commission commissioner J. Max Millstone following hearings on Sept. 17.

Two others were denied benefits, while one worker was granted no additional benefits.

The workers asked for "temporary total disability" benefits for time lost from work on the grounds they were injured on the job by sewage fumes and fumes from cleaning chemicals and deodorizers used after the backups occurred in September 1996 and May 1997.

At the hearing, Millstone said he would decide each case separately after reviewing the medical evidence and testimony.

Citicorp attorney Mike Prokopik deferred questions on the appeals to co-counsel Gina Householder. Householder was unavailable for comment.

"Either party has the right to take any appeal they wish," Proctor said.

Proctor, who is representing several people in connection with the sewage backups, has said he is considering filing appeals in the cases where workers' compensation benefits were denied.

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