Fitts v. Industrial Commission

John Fitts (hereinafter claimant) sought workers’ compensation benefits, alleging that his respiratory ailments were caused by exposure to coal dust during his employment with respondent Sahara Coal Company (hereinafter employer). The Industrial Commission arbitrator determined that claimant did not suffer from coal worker’s pneumoconiosis (black lung), but instead found that claimant’s exposure to coal dust temporarily aggravated his smoking-induced emphysema and asthma. As compensation for the temporary aggravation, the arbitrator granted claimant a permanent partial disability award of…