Bolivar County Gravel Co. v. Dial

SMITH, Justice,

for the Court:

James Dial worked for Bolivar County Gravel Company or its predecessors from 1959 until September 12, 1987. There is no dispute that Dial has chronic lung disease which prevents him from continuing to work. The question is causation and the percentage which can be attributed to pre-existing conditions not related to his employment.

Initially, Dial alleged his lungs were damaged by exposure to welding smoke on November 24, 1986. He later amended his claim to allege that the damage occurred from repetitive exposure to smoke and diesel fumes throughout the ten years…