Claim Fails Where Probabilities Are Equal, La. Court Affirms

GRETNA, La. - A Louisiana appellate court has rejected a truck driver's claim for benefits based on the adverse effects of carbon monoxide exposure, saying it would not disturb a lower court's decision to choose one of two reasonable conclusions. Elder v. Warrens, No. 10-CA-144 (La. Ct. App., 5th Cir.).

The Fifth Circuit Court of Appeal affirmed a decision by the Louisiana Office of Worker's Compensation denying workers' benefits to claimant Son Elder, who maintains that an exhaust leak in his truck has led to high blood pressure, migraine headaches, sleep apnea and breathing difficulties.

Elder complained that he was …