TWCA reviews whether employee's lung disease was aggravated by his exposure to smoke at work

GEORGE McGOWAN v. STATE OF TENNESSEE (TWCA February 16, 2012)



An employee was exposed to smoke as a result of a fire at his workplace. Testing revealed the presence of bullous emphysema, a dangerous condition caused by cigarette smoking. Surgery was required to treat that condition. The Claims Commission ruled that the smoke exposure at work had aggravated and advanced his preexisting lung disease and awarded permanent total disability benefits. The employer has appealed, contending that the evidence preponderates against the Commissioner's finding of causation. We agree and reverse the judgment.



Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2012/mcgowang_021612.pdf