Campbell v. Roadway Express, Inc.

I agree with the majority finding that plaintiff has sustained a compensable occupational disease, bladder cancer, in the course and scope of his employment. I disagree, however, with the majority's finding as to the liable employer/carrier.

First, I agree with the majority that the results of the IARC study, EPA study, and other studies which identify diesel exhaust to be a carcinogen capable of producing bladder cancer are sufficiently scientifically reliable to be admissible in evidence and form the basis for expert testimony that plaintiff's exposure to diesel exhaust in his employment was…