Jenkins v. Halstead Industries

Donald L. Corbin, Judge.

This case involves a question of first impression concerning the interpretation of Ark. Stat. Ann. § 814314(a)(3) (Repl. 1976), as it relates to the apportionment rule applicable to occupational diseases.

The Commission upheld the finding by the ALJ that Ark. Stat. Ann. § 81-1314(a)(3) required apportionment of appellant Willie Jenkins’ claim for total disability upon a finding that the appellant’s disability was attributable 92% to cigarette smoking and 8% to the occupation. We affirm.

The appellant is a 53-year old male who began his employment with appellee Halstead…