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PALMER v. DEL WEBB'S HIGH SIERRA

No. 20338.

838 P.2d 435 (1992)

James C. PALMER, Appellant, v. DEL WEBB'S HIGH SIERRA, Respondent.

Supreme Court of Nevada.

September 1, 1992

Attorney(s) appearing for the Case

Nancyann Leeder, Nevada Atty. for Injured Workers, Carson City, for Appellant.

Perry & Spann and Douglas R. Rands, Reno, for respondent.

Vargas & Bartlett, and Albert F. Pagni, Reno, for amicus curiae, South Tahoe Gaming Alliance.

Langton & Kilburn, Hamilton & Lynch, Reno, for amicus curiae, Nevada Trial Lawyers Ass'n.

OPINION

SPRINGER, Justice:

The issue in this case is whether a worker who claims to suffer from a disease caused by inhaling tobacco smoke exhaled by others in the work place is eligible for compensation under the Nevada Occupational Disease Act (NODA). Appellant Palmer filed a claim for occupational disease compensation, claiming that his lung disease was caused by environmental tobacco smoke present at his place of employment. The trial court, in reversing...

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