Kingston v. Lyon Construction, Inc.

STEPHENS, Judge.

I. Factual Background and Procedural History

Petitioner Carl Benton Kingston was exposed to asbestos while employed by Lyon Construction, Inc. (“Lyon Construction”) from 1994 until 2000. In 2006, Petitioner was diagnosed with the asbestos-related disease pleural mesothelioma. On 24 October 2006, Petitioner filed a workers’ compensation claim against Lyon Construction and its workers’ compensation insurance carrier, PMA Insurance Group (collectively, “Respondents”). Respondents filed an Industrial Commission Form 61 denying the claim on 1 December 2006. The matter was heard by…