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POSTON v. SMITH

2940324.

666 So.2d 833 (1995)

Deborah POSTON v. Rufus R. SMITH, Jr.

Court of Civil Appeals of Alabama.

July 21, 1995.

Attorney(s) appearing for the Case

Frank M. Cauthen, Jr., of McElvy & Ford, P.C., Tuscaloosa, for Appellant.

William L. Lee III of Lee & McInish, Dothan, for Appellee.

THIGPEN, Judge.

In August 1994, Deborah Poston (employee) filed a complaint for workers' compensation benefits, alleging that she had sustained an injury or occupational disease (chronic sinusitis) in or about July 1993, while working within the line and scope of her employment with Rufus R. Smith, Jr. (employer), due to her exposure to cigarette smoke in the workplace. The employer filed a motion to dismiss, asserting that the complaint failed to state a claim upon...

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