Homer v. Mississippi River Grain Elevator, Inc.

I respectfully dissent from the conclusions reached by the majority. The definition of an occupational disease as set forth in LSA-R.S. 23:1031.1 includes the disease, pneumoconiosis. Under the statutory provision, one disabled from this disease is entitled to recovery under the compensation law.

Dr. Frank Wagner testified and the hospital report shows that plaintiff was admitted to the hospital on November 20, 1968, with a diagnosis of asthmatic bronchitis, pneumoconiosis, and emphysema. The evidence reflects further that the inhalation of the dust caused the aggravation of a pre-existing…