Court Affirms Denial of Benefits to Smoker Alleging Asbestos Aggravated Lung Condition

LITTLE ROCK, Ark. -- An Arkansas Court of Appeals has affirmed the denial of benefits in a workers' compensation asbestos claim, finding that there was a lack of evidence indicating that asbestos exposure aggravated the claimant's smoking related lung condition. Tutt v. International Paper Co., No. CA 04-584 (Ark. Ct. App.).

In a Dec. 8 decision, the Court of Appeals agreed with a Workers' Compensation Commission that the majority of the testifying experts were unable to conclude that workplace irritants accelerated plaintiff John Tutt's injury by smoking.

Tutt filed a workers' compensation claim alleging that exposure to chemicals and asbestos …