Tenn. High Court Affirms Ruling for Employer and Against Smoker

NASHVILLE, Tenn. - A panel of the Tennessee Supreme Court agreed with a trial court that it was more likely than not that cigarette smoking, and not exposure to workplace chemicals, was the cause of a worker compensation claimant's lung cancer. Brown v. Erachem Comilog Inc., No. CH-03-067 (Tenn. Sup. Ct.).

The high court affirmed the decision to deny death benefits to the widower of Shirley Brown in an unpublished opinion on Aug. 18, relying on expert testimony that, unlike cigarettes, none of the chemicals cited by Brown as possible causes are known carcinogens.

Brown sued for workers' compensation …