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Kirchner, who served as the county's coroner from 2004 to 2007, has been hospitalized since Dec. 29, 2007. Doctors diagnosed his illness as septicemia, or bacteria in the blood. It's also called "blood poisoning."
The infection has hampered the former surgeon's mobility, caused severe weight loss and diminished his vision. Kirchner said Tuesday one doctor diagnosed him as legally blind.
He uses a wheelchair and was unable to attend a Tuesday hearing about his claim.
Attorney Harvey Miller is representing Kirchner. Paul Clouser is representing the county.
Kirchner's petition alleges he was infected while performing an autopsy in December in the basement of Conestoga View nursing home, where the morgue is located. Kirchner said his left pinkie finger was cut on a contaminated stainless steel autopsy table.
Kirchner is asking for reimbursement of more than $500,000 in medical costs accumulated during the seven months he has spent under 24-hour care. He said he has been seen by 23 specialists and takes more than 20 pills a day to treat the "devastating" infection.
Medicare covers the bulk of his medical bills, Kirchner said.
The county is rebutting Kirchner's claim on two grounds: the Pennsylvania Workers' Compensation Act doesn't cover elected officials, and there is no proof Kirchner was infected while on the job."We are aware of no medical evidence suggesting a link between Dr. Kirchner's illness and his activities as coroner," Clouser said Tuesday in a statement.
Miller told Judge Michael R. Hetrick there are certain subsections of the Workers Compensation Act that apply to Kirchner.
Hetrick told both attorneys Tuesday that a hearing on the claim will be held in late September.
Kirchner is expected to testify. Sue Finefrock, who has worked as office manager for two ex-coroners — including Kirchner — and the current coroner, is expected to testify for the county.
Kirchner said his petition is unusual because workers' compensation claims usually involve laborers.
"Most worker's compensation (claimants) don't wear suits to work," Kirchner said.
He said the money he is seeking from the county will continue to increase because he is hospitalized indefinitely at Manor Health Care Services on Abbeyville Road.
"The county stands to lose a lot of money because the county had no insurance for this type of incident," Kirchner said.
(124) (120) (102) (54) (13) (4) (3) (2) (2) (2) (2)Kirchner said doctors have not given him a timetable for when he will be able to return to his East Lampeter Township home.
"If I knew where the end point is, I would feel much better," he said.
E-mail: bhambright@lnpnews.com
