Davis v. BF Goodrich

Today the court holds that in a denied workers’ compensation claim for respiratory injury to which the Guides’1 1984 version applies, the medical expert’s evaluation upon which a “zero impairment” rating is based need not include the “carbon monoxide diffusing capacity” test (or Dco). While I embrace today’s pronouncement as a correct interpretation of the applicable Guides’ requirements,2 I concur in sustaining the claim’s denial for the reasons expressed in Part I of my dissenting opinion in Gaines v. Sun Refinery and Market*593ing.3 For the reasons to be stated I am unable to join in the…