Marion v. AMERICAN SMELTING AND REFINING CO.

Plaintiff prosecutes this appeal from the denial of his workmen’s compensation claim for disability' as a result of two distinct diseases caused by ingestion of lead into his system. A single judge entered an award in favor of the plaintiff. Upon appeal the Nebraska Workmen’s Compensation Court en banc, in a split decision, found: “That the plaintiff has failed to maintain the burden of proving by a preponderance of the evidence that there is a causal connection between the disability complained of by the plaintiff and his employment by the defendant and his petition should therefore be…