The Utah Court of Appeals ruled that a worker’s permanent total disability benefits can be apportioned only to the causes of his disability, not the causes of his disabling occupational disease.
Dirk W. Barker worked for Burrell Mining Products from 1991 to 2016. He was exposed to welding fumes, fly ash, cement and foam concentrate.
He also had a history of smoking and non-industrial secondhand smoke exposure.
In 2017, Barker was diagnosed with chronic obstructive pulmonary disease.
After his diagnosis, Barker sought permanent total disability workers' compensation be...
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