Mitchell v. Ideal Cement

LAVENDER, Justice:

Petitioner, Tom A. Mitchell (Mitchell) filed a claim against respondents, Ideal Cement and its insurance carrier, the State Insurance Fund (hereafter collectively Ideal) for work-related injury to his lungs and upper respiratory system purportedly caused by 13 years continuous exposure to various forms of dust and fumes in the workplace. At trial Mitchell introduced the deposition, with attached medical report, of Dr. G.C., who opined Mitchell has an impairment of 25% to the body as a whole secondary to a class 2 respiratory impairment and damage to his lungs as a result of…