Smoker Exposed to Welding Fumes Can Pursue Claim, Appeals Panel Rules

NASHVILLE, Tenn. -- Despite smoking one to two packs of cigarettes a day for nearly 34 years, a Tennessee man will be allowed to pursue his claim alleging that occupational welding fumes caused him to develop respiratory problems, a special appeals panel has affirmed. Blaylock v. Dacco, et al., No. M203-00315-WC-R3-CV (Tenn. Sup. Ct., Workers' Comp. App. Panel).

The Tennessee Supreme Court Special Workers' Compensation Appeals Panel ruled on Jan. 27 that although plaintiff Bobby Blaylock's smoking history was a likely cause of his condition, medical experts testifying on his behalf sufficiently established that it was occupational exposure to welding …