Woehler v. Packaging Corp. of America

I respectfully dissent. On this record the finding that the employee is permanently totally disabled solely due to his non-work related lung disease is manifestly contrary to the evidence. Dr. Brodsky, an orthopedist, and Dr. Mulrooney, a specialist in lung diseases, the two medical experts who considered both employee’s back injury and his lung disease in giving their opinions, concluded that employee was totally disabled by the combination of his disabilities. Dr. Mulrooney attributed 20% of the responsibility to the back injury. Even though both specialists expressed the view that employee…