Arnold v. Firestone Tire & Rubber Co.

OPINION

DROWOTA, Justice.

In this worker’s compensation case, Plaintiff seeks compensation for disability from an occupational disease that allegedly arose out of and in the course of employment. There are two principal issues in this case: (1) Whether the Plaintiff’s underlying condition, allergic asthma and bronchitis, arose out of and in the course of employment; and (2) whether there was any aggravation of the underlying condition that is compensable under the occupational disease sections of the Worker’s Compensation Act.

At trial1 it was concluded that the Plaintiff’s underlying condition…