Smothers v. Gresham Transfer, Inc.

Plaintiff filed this negligence action against defendant, his employer, after an administrative law judge (AU) of the Workers’ Compensation Board upheld the insurer’s denial of plaintiffs workers’ compensation claim. The ALJ found that plaintiffs exposure to sulfuric, hydrochloric, and hydrofluoric acid mist and fumes at work was not the “major contributing cause” of plaintiffs respiratory condition and other ailments and, therefore, that plaintiff had not suffered a “compensable injury” under the workers’ compensation statutes. Nonetheless, plaintiff believed that he had suffered an injury…