Palmer v. Del Webb's High Sierra

I concur with the majority’s result but cannot agree with its reasoning. I therefore write separately.

The issue presented by this appeal is whether a lung disease caused by secondhand tobacco smoke is covered by NODA.1 To resolve this issue, however, this court must decide whether com-pensable occupational diseases are restricted to those specifically listed in NODA.

Facts

For over twenty years, Palmer was employed at Del Webb’s High Sierra Casino (“High Sierra”) as a “pit boss.” His job required that he supervise gaming tables from an area in the casino referred to as the “pit.” The pit area…