In the asbestos case, the court found that apportionment of permanent partial disability benefits is appropriate when an employer successfully proves that a disability resulted from two concurrently developing diseases—one occupational and the other nonoccupational—and the claimant’s work did not influence development of the nonoccupational disease.
According to court records, the claimant worked as a union insulator for several companies from 1967 to 1985, during which time he was exposed to asbestos. The claimant has not been able to work full time since 1994, when he was diagnosed with an asbestos-related lung disease.
However, court records also show the claimant has been a cigarette smoker since age 17, resulting in his developing emphysema.
The case has been remanded for determination of the appropriate reduction in benefits.