ATE FIXTURE FAB v. WAGNER

No. 88-2477.

559 So.2d 635 (1990)

ATE FIXTURE FAB and St. Paul Fire & Marine Insurance Company, Appellants, v. Paul R. WAGNER, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing May 1, 1990.


Attorney(s) appearing for the Case

C. Anthony Schoder, Jr. of Smith, Schoder & Rouse, P.A., Daytona Beach, for appellants.

Donna L. Bergh of Ronnie H. Walker, P.A., Orlando, for appellee.


SMITH, Judge.

The employer/carrier appeal an order of the Judge of Compensation Claims (JCC) awarding claimant permanent total disability benefits for acceleration or aggravation of his obstructive lung disease due to inhalation of secondary tobacco smoke present in his work environment. We reverse and remand.

Claimant suffered from preexisting lung disease when he became a draftsman for the employer in January 1986.1 He was required...

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