Fontenot v. Traders & General Insurance

I respectfully dissent. In my opinion, the conscientious and thorough majority opinion errs as a matter of law in reversing the trial court judgment. The majority is in effect holding that the eim ployee’s initial disability and his subsequent death are not compensable because, even though the employee had been symptom-free for two years before reactivation of his pain by the fall, the reactivation of the cancerous symptoms could be considered consistent with the normal progress of the disease.

Even though an employee is “already afflicted with a dormant disease that might some day produce…