Valdez v. Pen Gulf, Inc.

THIGPEN, Judge.

This is a workmen’s compensation case.

In November 1989, the widow and children (collectively, Valdez) of Steven S. Valdez (the decedent), filed a complaint against Pen Gulf, Inc. (Pen), alleging that the decedent had contracted lung cancer while employed by Pen. The record reveals that the decedent was employed as a painter by Pen from May 1986, until January 1988, and that the decedent subsequently worked for Diversified Rail. In approximately May 1988, the decedent was diagnosed with lung cancer and died as a result thereof that December.

In the complaint, Valdez claimed that…