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Doctors said cutting countertops destroyed his lungs. He had to fight for workers' comp

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Doctors said cutting countertops destroyed his lungs. He had to fight for workers' comp

By the time that Dennys Rene Rivas Williams had fallen so ill that he needed new lungs, physicians at Olive View-UCLA Medical Center expressed little doubt about what was to blame for his sickness.

Doctors had diagnosed the 36-year-old with silicosis: an incurable disease caused by inhaling tiny bits of lung-scarring silica. It was an affliction that had debilitated dozens of workers in Los Angeles County like him, who had toiled cutting countertops bound for kitchens and bathrooms.

Health officials had sounded the alarm that a new epidemic of the illness was killing young laborers amid the rising popularity of engineered stone, which is typically much higher in silica than natural slabs. In recent years, more than a dozen California workers who cut countertops have lost their lives to the disease.

Rivas Williams’ medical records state that his silicosis was due to “engineered stone fabrication/cutting,” with a doctor advising him to quit his job to prevent further damage.

Yet Rivas Williams had been turned down when he applied for workers’ compensation, which is supposed to cover medical care and other benefits for laborers injured on the job. Attorneys representing the young father were galled, asking where else he would have inhaled so much silica.

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Rivas Williams said that the Pacoima shop where he worked was blanketed in dust, and that he and other workers were offered only flimsy masks, rather than protective respirators. In January, he received a double lung transplant — a lifesaving surgery but one that often means only an additional six years of survival.

Silicosis has been known as an occupational illness for centuries, afflicting miners, stonecutters and others exposed to silica dust.

The overwhelming majority of cases are tied to work, said Dr. Jane Fazio, a pulmonary critical care physician and UCLA researcher. Among countertop cutters, if “someone has this job and they have silicosis, it should clearly be presumed to be work-related.”

Yet as California sees surging numbers of young workers suffering from the disease, many have not successfully tapped workers’ compensation. Assistance can include medical care, disability payments and death benefits for families.

Fazio and other researchers analyzing dozens of cases of California countertop workers suffering silicosis found that only 13% had workers’ compensation benefits when diagnosed and treated. Nearly half kept working in the industry even after getting the diagnosis.

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Workers’ compensation is supposed to ensure that if workers are harmed on the job, “they don’t have to swap their livelihood for their health” and “can get access to medical care and time away from work and disability and other kinds of resources they may need to make themselves whole again,” said Kevin Riley, director of the UCLA Labor Occupational Safety & Health Program.

California employers are required to provide workers’ compensation benefits for their employees, typically by buying insurance coverage. A state fund can handle such claims if a business flouts the requirements, but advocates say many workers — especially immigrants — fear retaliation for even pursuing the benefits.

And workers’ compensation attorneys say lodging a claim is no guarantee that laborers will get aid quickly, even for a disease roundly recognized as stemming from work. Lawyer Gary Rodich said this summer that his firm was representing more than a dozen workers with silicosis who were denied workers’ compensation benefits when they applied — including Rivas Williams.

Before he got his diagnosis, Rivas Williams had filed a claim that mentioned damage to his lungs along with “repetitive work” injuries to his knees, shoulders and other parts of his body, aided by a different attorney. The denial letter from Amtrust North America said there wasn’t enough evidence that “your alleged injury resulted from your employment at Primus Marble,” the shop where he was working.

Shortly after he was diagnosed with silicosis, Rivas Williams submitted an amended application with the help of Rodich. In medical reports obtained for his case, doctors have drawn a direct line to his work cutting countertops. One wrote that his silicosis was “100% work related.”

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Amtrust said in May that his case “involves several complex issues our claims team is working diligently to resolve.” It did not respond to questions from The Times about what those issues were.

Rivas Williams’ state disability payments ran out last year. In January, his attorneys accused the insurance company of “unreasonable and/or frivolous delay” in a court filing, saying it had left him on the verge of homelessness. At that point, nearly a year and a half had passed since his initial claim.

That same month, according to his attorneys, Amtrust agreed to pay temporary benefits as the two sides continued negotiating. Amtrust said in a May email that “we are confident a resolution will be reached soon.”

Rivas Williams has to take an array of pills morning and night to prevent his body from rejecting the new lungs. The medications disarm his immune system, leaving him vulnerable to other threats. His doctors warn him to avoid cigarette and marijuana smoke, so he shuts the windows of his South Los Angeles home.

Rivas Williams, 36, shows the scar from a double lung transplant.

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(Al Seib / For The Times)

“I’m shut up almost all the time,” Rivas Williams said in Spanish in an April interview. “I’m afraid to go out because I have no defenses.”

He knows three men who have already died of the disease. When he went to say goodbye to one of them, “that mentally ruined me. I spiraled. I saw his kids cry. And I felt like I was seeing my own kids cry.”

The 36-year-old said his goal was to support his children, whom he brought to the U.S. from Guatemala. Rivas Williams said he burned through savings and piled up debts after falling ill.

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“Not everything in this life is money,” Rivas Williams said. “But imagine if I’m not here.

“Their lives are going to change.”

In June — nearly two years after Rivas Williams first filed for workers’ compensation — the two sides reached a settlement. Rodich said his client declined to publicly disclose the amount.

Primus Marble, where Rivas Williams once worked, did not respond to messages seeking comment.

As of early July, the California Department of Public Health had identified 156 cases of silicosis related to engineered stone in recent years — more than 90 of them among residents of Los Angeles County. Nearly half of those cases were identified last year alone, amid growing awareness of the silicosis epidemic.

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Public health officials believe many more cases have gone undetected as immigrant workers go without care or are misdiagnosed with other lung ailments. Outbreaks of the deadly disease have erupted worldwide as engineered stone has soared in popularity.

In Australia, where an alarming surge in cases led government officials to ban engineered stone, silicosis has been categorized among “deemed diseases” for workers’ compensation — those assumed to be caused by work unless there is strong evidence to the contrary.

If an Australian worker has silicosis, “I diagnose somebody. I fill out” the paperwork, said Dr. Ryan Hoy, lead physician for the occupational respiratory disease clinic at Alfred Hospital in Melbourne. “It goes to the regulator and they accept the claim. They can’t deny it.”

That doesn’t exist for countertop cutters here. California has granted “presumptive eligibility” for workers’ compensation for some ailments — such as COVID-19 illness suffered by health workers and first responders earlier in the pandemic — but not for silicosis claims from stonecutters.

In the U.S., workers’ compensation differs from state to state, but the problems that silicosis sufferers in California have encountered are not unique. In one study of silicosis patients in Wisconsin, researchers found many had run into problems getting workers’ compensation “and are frustrated by having to prove the work-relatedness of silicosis — a condition which seldom is acquired outside of work.”

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Almost all were initially rejected because medical records lacked information about their work histories, which is not routinely gathered by many clinicians, the study noted.

Dennys Rene Rivas Williams sits on steps outside his home.

Rivas Williams says he doesn’t go out much because he takes medications that suppress his immune system after his double lung transplant.

(Al Seib / For The Times)

Too often, “doctors either don’t have the time, don’t take the time, or don’t know how to take a complete occupational history,” said Dr. Cecile Rose, an occupational pulmonologist at National Jewish Health in Denver.

Silicosis may show up years after someone is exposed, requiring doctors to also probe into past employment.

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Many patients never pursue the process. One analysis of silicosis patients in Michigan, where the disease has sickened people whose work involves metal casting or abrasive blasting, found only 35% had applied for workers’ compensation — and the percentage had tumbled over time. Other studies involving a range of industries have put the numbers even lower.

“Even for clear-cut injuries, only about 50% of individuals apply for compensation,” said Dr. Kenneth Rosenman, chief of the division of occupational and environmental medicine at Michigan State University.

Dennys Rene Rivas Williams with wife Monica Abigail Santos.

Rivas Williams with his wife, Monica Abigail Santos. He worries about his family. “Not everything in this life is money,” Rivas Williams said. “But imagine if I’m not here.”

(Al Seib / For The Times)

Experts said the California system tends to be smoother for workers lodging claims involving one-time injuries than for those facing diseases that developed over time. Rand senior economist Michael Dworsky estimated roughly 1 in 8 claims for workers’ compensation are initially denied in California, but said rejection rates have tended be higher for illnesses tied to workplace exposure, such as cancer or heart disease.

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If injured workers fail to get workers’ comp, “it puts the burden on other resources. It puts the burden on your health insurance,” said attorney Cheryl Wallach, a board member with the advocacy group Worksafe.

Like many California workers stricken with silicosis, Rivas Williams said he was insured through Medi-Cal, California’s Medicaid program. State officials did not promptly provide figures for how much Medi-Cal pays for such care, but physicians estimated the costs of a double lung transplant exceed $1 million.

As more workers grow ill, “it’s a huge strain on taxpayers, when it really should be workers’ comp” shouldering those costs, said Dr. Sheiphali Gandhi, an assistant professor of medicine at UC San Francisco who has studied silicosis.

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What’s in a Name? For These Snails, Legal Protection

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What’s in a Name? For These Snails, Legal Protection

The sun had barely risen over the Pacific Ocean when a small motorboat carrying a team of Indigenous artisans and Mexican biologists dropped anchor in a rocky cove near Bahías de Huatulco.

Mauro Habacuc Avendaño Luis, one of the craftsmen, was the first to wade to shore. With an agility belying his age, he struck out over the boulders exposed by low tide. Crouching on a slippery ledge pounded by surf, he reached inside a crevice between two rocks. There, lodged among the urchins, was a snail with a knobby gray shell the size of a walnut. The sight might not dazzle tourists who travel here to see humpback whales, but for Mr. Avendaño, 85, these drab little mollusks represent a way of life.

Marine snails in the genus Plicopurpura are sacred to the Mixtec people of Pinotepa de Don Luis, a small town in southwestern Oaxaca. Men like Mr. Avendaño have been sustainably “milking” them for radiant purple dye for at least 1,500 years. The color suffuses Mixtec textiles and spiritual beliefs. Called tixinda, it symbolizes fertility and death, as well as mythic ties between lunar cycles, women and the sea.

The future of these traditions — and the fate of the snails — are uncertain. The mollusks are subject to intense poaching pressure despite federal protections intended to protect them. Fishermen break them (and the other mollusks they eat) open and sell the meat to local restaurants. Tourists who comb the beaches pluck snails off the rocks and toss them aside.

A severe earthquake in 2020 thrust formerly submerged parts of their habitat above sea level, fatally tossing other mollusks in the snail’s food web to the air, and making once inaccessible places more available to poachers.

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Decades ago, dense clusters of snails the size of doorknobs were easy to find, according to Mr. Avendaño. “Full of snails,” he said, sweeping a calloused, violet-stained hand across the coves. Now, most of the snails he finds are small, just over an inch, and yield only a few milliliters of dye.

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Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order

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Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order

new video loaded: This Parrot Has No Beak, But Is at the Top of the Pecking Order

Bruce, a disabled kea parrot, is missing his top beak. The bird uses tools to keep himself healthy and developed a jousting technique that has made him the alpha male of his group.

By Meg Felling and Carl Zimmer

April 20, 2026

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Contributor: Focus on the real causes of the shortage in hormone treatments

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Contributor: Focus on the real causes of the shortage in hormone treatments

For months now, menopausal women across the U.S. have been unable to fill prescriptions for the estradiol patch, a long-established and safe hormone treatment. The news media has whipped up a frenzy over this scarcity, warning of a long-lasting nationwide shortage. The problem is real — but the explanations in the media coverage miss the mark. Real solutions depend on an accurate understanding of the causes.

Reporters, pharmaceutical companies and even some doctors have blamed women for causing the shortage, saying they were inspired by a “menopause moment” that has driven unprecedented demand. Such framing does a dangerous disservice to essential health advocacy.

In this narrative, there has been unprecedented demand, and it is explained in part by the Food and Drug Administration’s recent removal of the “black-box warning” from estradiol patches’ packaging. That inaccurate (and, quite frankly, terrifying) label had been required since a 2002 announcement overstated the link between certain menopause hormone treatments and breast cancer. Right-sizing and rewording the warning was long overdue. But the trouble with this narrative is that even after the black-box warning was removed, there has not been unprecedented demand.

Around 40% of menopausal women were prescribed hormone treatments in some form before the 2002 announcement. Use plummeted in its aftermath, dipping to less than 5% in 2020 and just 1.8% in 2024. According to the most recent data, the number has now settled back at the 5% mark. Unprecedented? Hardly. Modest at best.

Nor is estradiol a new or complex drug; the patch formulation has existed for decades, and generic versions are widely manufactured. There is no exotic ingredient, no rare supply chain dependency, no fluke that explains why women are suddenly being told their pharmacy is out of stock month after month.

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The story is far more an indictment of the broken insurance industry: market concentration, perverse incentives and the consequences of allowing insurance companies to own the pharmacy benefit managers that effectively control drug access for the majority of users. Three companies — CVS Caremark, Express Scripts and OptumRx — manage 79% of all prescription drug claims in the United States. Those companies are wholly owned subsidiaries of three insurance behemoths: CVS Health, Cigna and UnitedHealth Group, respectively. This means that the same corporation that sells you your insurance plan also decides which drugs get covered, at what price, and whether your pharmacy can stock them. This is called vertical integration. In another era, we might have called it a cartel. The resulting problems are not unique to hormone treatments; they have affected widely used medications including blood thinners, inhalers and antibiotics. When a low-cost generic such as estradiol — a medication with no blockbuster profit margins and no patent protection — runs into friction in this system, the friction is not random. It is structural. Every decision in that chain is filtered through the same corporate profit motive. And when the drug in question is an off-patent estradiol patch that has negligible profit margins because of generic competition but requires logistical investment to keep consistently in stock? The math on “how much does this company care about ensuring access” is not complicated.

Unfortunately, there is little financial incentive to ensure smooth, consistent access. There is, however, significant financial incentive to steer patients toward branded alternatives, or simply to let supply tighten — because the companies aren’t losing much profit if sales of that product dwindle. This is not a conspiracy theory: The Federal Trade Commission noted this dynamic in a report that documented how pharmacy benefit managers’ practices inflate costs, reduce competition and harm patient access, particularly for independent pharmacies and for generic drugs.

Any claim that the estradiol patch shortage is meaningfully caused by more women now demanding hormone treatments is a distraction. It is also misogyny, pure and simple, to imply that the solution to the shortage is for women’s health advocates to dial it down and for women to temper their expectations. The scarcity of estradiol patches is the outcome of a broken system refusing to provide adequate supply.

Meanwhile, there are a few strategies to cope.

  • Ask your prescriber about alternatives. Estradiol is available in multiple formulations, including gel, spray, cream, oral tablet, vaginal ring and weekly transdermal patch, which is a different product from the twice-weekly patch and may be more consistently available depending on manufacturer and region.
  • Consider an online pharmacy. Many are doing a good job locating and filling these prescriptions from outside the pharmacy benefit manager system.
  • Call ahead. Patch shortages are inconsistent across regions and distributors. A call to pharmacies in your area, or a broader geographic radius if you’re able, can locate stock that your regular pharmacy doesn’t have.
  • Consider a compounding pharmacy. These sources can sometimes meet needs when commercially manufactured products are inaccessible. The hormones used are the same FDA-regulated bulk ingredients.

Beyond those Band-Aid solutions, more Americans need to fight for systemic change. The FTC report exists because Congress asked for it and committed to legislation that will address at least some of the problems. The FDA took action to change the labeling on estrogen in the face of citizen and medical experts’ pressure; it should do more now to demand transparency from patch manufacturers.

Most importantly, it is on all of us to call out the cracks in the current system. Instead of repeating “there’s a patch shortage” or a “surge in demand,” say that a shockingly small minority of menopausal women still even get hormonal treatments prescribed at all, and three drug companies control the vast majority of claims in this country. Those are the real problems that need real solutions.

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Jennifer Weiss-Wolf, the executive director of the Birnbaum Women’s Leadership Center at New York University School of Law, is the author of the forthcoming book When in Menopause: A User’s Manual & Citizen’s Guide. Suzanne Gilberg, an obstetrician and gynecologist in Los Angeles, is the author of “Menopause Bootcamp.”

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