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Board Did Not Err by Discounting Expert Testimony

Tuesday, March 23, 2010 | 0

The Workers' Compensation Board did not err by discounting the credibility of a claimant's witnesses in a toxic-exposure claim, the Alaska Supreme Court ruled.Case: Apone v. Fred Meyer Inc., No. S-12748, 3/19/10. Published. Facts: James Apone worked at a self-service Fred Meyer gasoline station in Anchorage, beginning in 2002. He alleged that he left work on Dec. 22, 2002, feeling dizzy, short of breath, nauseous and faint. Dr. Noah Laufer treated Apone, and opined that his symptoms "would fit with fume or exhaust-related symptoms." Later, Apone consulted with Dr. Richard New...

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