BOLIVAR COUNTY GRAVEL CO. v. DIAL

No. 91-CC-0543.

634 So.2d 99 (1994)

BOLIVAR COUNTY GRAVEL COMPANY and Hartford Casualty Insurance Company v. James C. DIAL, Sr.

Supreme Court of Mississippi.

Rehearing Denied April 21, 1994.


Attorney(s) appearing for the Case

Roy D. Campbell, III, Campbell Delong Hagwood & Wade, Greenville, for appellants.

David L. Walker, Batesville, for appellee.

EN BANC.


SMITH, Justice, for the Court:

James Dial worked for Bolivar County Gravel Company or its predecessors from 1959 until September 12, 1987. There is no dispute that Dial has chronic lung disease which prevents him from continuing to work. The question is causation and the percentage which can be attributed to pre-existing conditions not related to his employment.

Initially, Dial alleged his lungs were damaged by exposure to welding smoke on November 24, 1986...

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