Kellogg V. Workers' Compensation Appeals Board And Martin G. Normand

Martin G. Normand suffered an injury to his lungs partially as the result of repeated exposure to harmful substances in his employment over a period of years. The Workers' Compensation Appeals Board (board) awarded him benefits, and refused to apportion any part of his disability to nonindustrial causes, i.e., the circumstance that Normand had smoked a package of cigarettes a day for many years before he became disabled. Normand's employer, Pullman Kellogg, and its insurance carrier, Eldorado Insurance Company (hereinafter referred to collectively as Pullman Kellogg) seek review of the board's decision, asserting primarily that the medical evidence before the board compelled the conclusion that part of the disability was due to Normand's smoking habit, and therefore apportionment was required.