AK Steel Corp. v. Pollitt

I Respectfully Dissent. The substantive issues on appeal turn on whether the ALJ erred by finding Pollitt eligible for medical benefits based on his calcified pleural plaque condition. Although a compelling argument exists that Pollitt should be eligible to receive medical benefits for the monitoring of such a condition, on the ground that the condition is causally related to his occupational exposure to asbestos while employed by AK Steel, I believe the ALJ erred by reaching such a conclusion.

KRS 342.0011(2) defines an occupational disease as “a disease arising out of and in the course of…