The Arizona Court of Appeals upheld a determination that expert testimony was not required to establish that a truck driver suffered a compensable injury from his exposure to exhaust fumes that had accumulated in the cab of his truck.
Case: City of Tombstone v. Industrial Commission, No. 1 CA-IC 25-0032, 09/23/2026, unpublished.
Facts: Carlo Agudio worked for the City of Tombstone as a truck operator. On July 31, 2023, Agudio hauled rocks in a dump truck from 8-11 a.m. Unbeknownst to him, a mechanical malfunction caused the cab of the truck to fill with exhaust fumes.
He has no memory of re...
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