Morrison v. Burlington Industries

Believing that the majority has misunderstood the evidence and refused to recognize the appropriate legal principles which govern this case, I dissent. The Court of Appeals’ majority reached the right result and I vote to affirm its decision that Mrs. Morrison is entitled to an award for total incapacity for work.

The evidence, properly understood, shows that although Mrs. Morrison suffered from several physical infirmities unrelatéd to her job1 before the onset of her chronic obstructive lung disease (hereinafter “lung disease”), none of these infirmities standing alone had ever kept her from…