Opinion

Martin Bros. Container & Timber Corp. v. Lynch

  • 551 S.W.2d 687
  • 1977 Tenn. LEXIS 529
Court
Tennessee Supreme Court
Filed
May 31, 1977
Status
Published
Author
Brock
On the bench
Brock, Henry
Cited by
5 cases
Authority
More cited than 20.6%

The opinion

BROCK, Justice,

dissenting.

Regretfully, I dissent upon the ground that the evidence fails to show that the breathing of sawdust, the cause of plaintiff’s emphysema, is known to also cause silicosis, the listed occupational disease (T.C.A. § 50-1101) to which emphysema is said to be “closely related.” Such a showing is one of the two requirements laid down by this Court in American Insurance Co. v. Ison, Tenn., 519 S.W.2d 778 (1975) for finding that a given disease is one “closely related” to a listed occupational disease. I fear that with this decision we are slipping back to the chaotic hit or miss consideration of alleged “closely related” occupational diseases which Ison sought to correct.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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