California Countertop Workers with Silicosis Struggle for Workers Compensation Benefits

Insurance Denials and Financial Strain for Sick Stonecutters

Eleazar Resendiz Cortes, a 39-year-old stonecutter diagnosed with silicosis, can no longer work and struggles with everyday physical tasks like sweeping floors or mowing the lawn. According to KQED, Resendiz Cortes pursued workers’ compensation benefits designed to cover medical care and lost wages for job-related injuries. After two years, he has received no payments, forcing him to rely on relatives to help cover rent and food while he has run through his savings. His attorney, Barry Rodich, represents approximately 100 other stonecutters who have been denied workers’ comp. Rodich stated, They pass everything on to the state. So the state is the one that has to pay the benefits in the beginning. Rodich represents stonecutters whose claims faced denials from insurers such as AmTrust North America and Omaha National. According to KQED reporting, AmTrust denied liability by stating the claim lacked medical, legal, or factual support, while Omaha National issued similar denials while declining to comment on specific case details and maintaining a commitment to fair claims handling. A study published in the American Journal of Public Health and cited by KQED reviewed insurance data for 114 California silicosis patients and found that most relied on public health insurance, with only eight having their medical care paid through workers’ compensation. Rodich noted that insurers maintain an economic incentive to delay expensive claims, stating, I’ve had cases where there is probably no legitimate basis to maintain a denial. But they are just maintaining it until a judge tells them that they have to pick it up.

Structural Hurdles in Occupational Disease Claims

Resolving these claims is often complicated because stoneworkers frequently change employers throughout their careers. Yvonne Lang, an attorney representing insurance companies who has helped settle silicosis claims, explained the resulting friction to KQED: When there’s multiple employers, the employers are going to point the fingers at each other. And if the employers are pointing the fingers at each other, the carriers are going to point the fingers at each other. Lang added that carriers also work to weed out fraudulent claims and require strict proof that an illness originated from a specific insured employer. Experts in the California workers’ compensation system point out that chronic occupational diseases present greater hurdles than acute workplace injuries. Glenn Shor, a retired analyst with the California Division of Workers’ Compensation, told KQED that injuries like falls have immediate witnesses, whereas chronic conditions develop over long periods. By the time silicosis fully manifests, affected individuals may have already left the job or retired.

Health Risks and Legal Landscape of Engineered Stone

Silicosis is an incurable and frequently fatal lung disease caused by inhaling respirable crystalline silica dust generated during the cutting, shaping, grinding, and polishing of stone. Engineered stone, such as quartz used for kitchen and bathroom countertops, is manufactured by mixing quartz crystals with resins and pigments. Engineered stone often contains up to 90% silica, compared to natural granite, which typically contains less than 45%, and marble, which contains less than 10%. When inhaled over time, microscopic silica particles become trapped in lung tissue, causing inflammation and scarring known as pulmonary fibrosis that restricts lung function. According to the American Lung Association, patients suffer from symptoms like fatigue, muscle weakness, unexplained weight loss, fever, night sweats, and chest pains. The compromised immune system also elevates the risk of developing tuberculosis, lung cancer, chronic obstructive pulmonary disease, kidney disease, and autoimmune conditions. While California stands as the sole state actively tracking silicosis within the countertop industry, medical professionals across the country are encountering rising cases. As more stonecutters contract the disease, worker advocates warn that obtaining timely benefits remains a significant barrier for those affected.