Cash v. Blue Mountain Industries of Carisbrook Co.

• Decision Date: 01 May 1992
• Parties: James CASH v. BLUE MOUNTAIN INDUSTRIES OF CARISBROOK COMPANY. 2900740.
• Court: Alabama Court of Civil Appeals

Page 574

624 So.2d 574

James CASH v. BLUE MOUNTAIN INDUSTRIES OF CARISBROOK COMPANY.

2900740.

Court of Civil Appeals of Alabama.

May 1, 1992.

Rehearing Denied June 19, 1992.

Stewart Burns of Burns, Burns & Burns, Gadsden, for appellant.

James S. Hubbard, Anniston, for appellee.

ROBERTSON, Presiding Judge.

James Cash (employee) filed suit for workmen's compensation benefits, claiming that he contracted an occupational pneumoconiosis arising out of and in the course of his employment with Blue Mountain Industries (employer).

Following an ore tenus proceeding, the trial court found in favor of the employer. The employee appeals.

In reviewing workmen's compensation cases, this court must first look to see if there is any legal evidence to support the findings of the trial court. If such evidence is found, then we must determine whether any reasonable view of that evidence supports the trial court's judgment. Ex parte Eastwood Foods, Inc., 575 So.2d 91 (Ala.1991).

The record revealed the following pertinent facts: The employee is a 46-year-old male. From 1970 to 1990 the employee worked for the employer in a cotton mill. The employee's job assignments have changed throughout the years. He started working as a card operator, then as a supervisor, and eventually moved into the position of a fixer, where he repaired machinery in the cotton mill. In 1990, the employee was admitted to the hospital, complaining of coughing, wheezing, tightening of the chest, and shortness of breath. He was subsequently examined by Dr. Born, who administered various tests, including a pulmonary function test, chest X-rays, and an examination of arterial blood gases. Based upon several examinations of the employee, the test results, and the employee's occupational history, Dr. Born diagnosed the employee's condition as byssinosis, also referred to as "brown lung," or an occupational pneumoconiosis due to exposure to cotton dust.

Occupational pneumoconiosis is defined as a lung disease brought on by the inhalation of minute particles of dust over a period of years. Nason v. Jones, 278 Ala. 532, 179 So.2d 281 (1965). For the employee to recover under § 25-5-140, Code 1975, he must prove the disease arose out of and in the course of his employment. Hall v. Teledyne Firth Sterling, 448 So.2d 395 (Ala.Civ.App.1984). We note that cases of this nature must be interpreted in light of the fundamental beneficent policy of the Workmen's Compensation Act, and because of the remedial purpose of the act, it should be liberally construed and all reasonable doubts resolved in favor of the employee. Dan River Mills, Inc. v. Foshee, 365 So.2d 1232 (Ala.Civ.App.1979). Nevertheless, the burden is on the employee to establish to the satisfaction of the trial court that his disease arose out of and in the course of his employment. Id.

The trial court in its judgment found that:

"the vast preponderance of the evidence in this case clearly indicates ... that the Plaintiff's condition is medical or caused by some source other than cotton dust at his place of employment. In other words, while the Plaintiff may suffer from adult onset asthma or hyperreactive airway, both chronic obstructive conditions in this case, he does not suffer from byssinosis as alleged, nor is his condition caused by employment related factors."

On the basis of this decision the employee was denied workmen's compensation; hence this appeal.

The employee contends that his exposure to cotton dust caused him to suffer occupational pneumoconiosis within the meaning of § 25-5-140, Code 1975, and, therefore, is due to receive workmen's compensation benefits for his disability.

At trial,...