A Pennsylvania court rejected Nestle USA Inc.’s attempt to invalidate an employee’s workers’ compensation award, instead upholding benefits for an employee who contracted Legionnaire’s disease while cleaning one of the company’s beverage machines in 2013.

Shawn Gallen had worked for the company since 1994 and his job was to service and repair beverage dispensing equipment. Many of these machines had water running through them and he would sometimes be sprayed by water when repairing or cleaning them on-site. The machines could also be housed at the employer’s shop, sometimes having sat at the shop for weeks, and he might be splashed when he would flush them with water to clean them before he installed new parts. He was spraying a beverage dispensing machine in 2013 at his employer’s shop and within a few days went to the hospital and fell into a coma. His speech has changed and he is in a wheelchair. Doctors diagnosed him with Legionnaires’ disease, which he claims he contracted when he came into contact with contaminated water while spraying the machines. His doctor told the court that those kinds of machines can harbor Legionnaires’ bacteria, and supports the argument that his brain injuries are work-related.

Nestle argues that testimony from their medical expert and industrial hygienist would not support his claim. Dr. Snepar said that Legionnaires’ is such a rare condition and he could not pinpoint the source of the bacteria that Mr. Gallen came in contact with. Mr. Frazer, the industrial hygienist, stated it would be difficult for Legionnaires’ bacteria to grow in the machine because the bacteria thrive in still, warm water and are best transmitted in droplet or mist form. They did not test vending machines to see if there were any of the bacteria present in the machines, and Mr. Frazer’s visit to the employer’s shop came 17-18 months after Mr. Gallen had fallen ill. At the time Mr. Gallen contracted the disease, the state Department of Health had issued a warning that there was a rash of Legionnaires’ cases going around Pennsylvania. Mr. Gallen had a pool but none of his family members or neighbors who used the pool got sick, and he had gone on a fishing trip about a week prior to getting sick but no one he went on the trip with fell ill.

The workers’ compensation judge decided that Mr. Gallen’s case was credible, more credible than his employer’s. He was awarded indemnity benefits and medical benefits beginning June 27^th 2013. Nestle appealed to the workers’ compensation board, on the grounds that there was not enough of a connection between his illness and his work duties, and that the judge disregarded their competent evidence. The board affirmed the judge’s decision, and when Nestle appealed again they were also denied.

Read the full case here.