Paul Johnson, Jr. v. Snap-On, Incorporated

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleges that his employment subjected him to heavy metal dust which decreased his pulmonary function. The defendant says that the decreased pulmonary function, if any, was caused by smoking forty cigarettes a day for forty-five years, and pleads the statute of limitation of one year, and lack of proof of causation. The trial court awarded benefits based on a finding of 40 percent permanent partial disability. We reverse and dismiss.