Wisconsin Court Agrees with Lower Court Decisions in Lung Cancer Case

MADISON, Wis. -- A Wisconsin appellate court has affirmed a lower court decision in a lung cancer case, concluding that there was sufficient evidence to prove that the decedent's injury was caused by smoking and not exposure to welding fumes. Moser, et al. v. USEMCO Inc., et al., No. 2007AP525-FT (Wis. Ct. App., Dist. IV).

On Aug. 9, the Fourth District Wisconsin Court of Appeals ruled that an underlying decision by the Labor and Industry Review Commission was based on "substantial and credible evidence."

Hellana Moser brought the claims on behalf of her husband Robert Moser, who she contends was …