Legal Question in Civil Litigation in California

Work related emphysema

I had prior asthma from the army.

I was employed by a bus company for approximately 13 years starting in 1972, I pulled a lot of charters from the beginning. Mostly on weekends, approximately 95% of the charters were heavy smokers; the bus company had no rules for smoking on charter buses. At times the smoke was so bad that I could hardly see to the back of the bus.

At this time my asthma got worse and I lost a lot of work from this problem.

There were times when parked at casinos the buses would be parked back to front of each other, the exhaust fumes would go out the back of one bus and in the door of the next, filling the buses with fumes, and if you stood on the street next to the bus the fumes would be almost as bad.

I went on disability retirement in 1984, for mostly sleep apnea, and asthma. I have never smoked in my life and now find I have moderate emphysema and nodules in my lungs (undetermined if the nodules are cancer as yet). My doctor at the VA ran a gene test to determine if my emphysema was gene related and the test came back negative.

My question is do you think I have a legal case after so many years of unemployment�. I am now residing at a Veterans home in California


Asked on 5/01/07, 7:22 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Work related emphysema

Statutes of limitations have long passed on filing a Workers Comp case. Your only option is a VA claim.

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Answered on 5/01/07, 12:58 pm


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