Palmer v. Del Webb's High Sierra

OPINION

By the Court,

Springer, J.:

The issue in this case is whether a worker who claims to suffer from a disease caused by inhaling tobacco smoke exhaled by others in the work place is eligible for compensation under the Nevada Occupational Disease Act (NODA). Appellant Palmer filed a claim for occupational disease compensation, claiming that his lung disease was caused by environmental tobacco smoke present at his place of employment. The trial court, in reversing *674an appeals officers’ adjudication in favor of Palmer, ruled that “[u]ntil such time as the Legislature so decides, the claim must…