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Lindquist v. City of Jersey City Fire

175 N.J. 244, 814 A.2d 1069 (2003)

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Lindquist v. City of Jersey City Fire

New Jersey Supreme Court
175 N.J. 244, 814 A.2d 1069 (2003)

  • Written by Tanya Munson, JD

Facts

Richard Lindquist (plaintiff) was a full-time fireman with the City of Jersey City Fire Department (defendant) for 23 years. Throughout his career, Lindquist was exposed to fire, smoke, hazardous waste, and combustion. Lindquist also smoked about three-fourths a pack of cigarettes per day for about 22 years. Lindquist was examined by Dr. Bernard Eisenstein. Dr. Eisenstein concluded that Lindquist suffered from chronic obstructive pulmonary disease (COPD) in the form of emphysema. Dr. Eisenstein concluded that Lindquist’s condition was primarily attributable to the occupational exposures of firefighting. Lindquist claimed that his employment as a fireman caused or contributed to his development of pulmonary emphysema. The judge of compensation concluded that Lindquist’s disease was materially due to his occupational exposures and awarded a disability of 30 percent for emphysema. The appellate division reversed the decision on the grounds that Dr. Eisenstein was unable to assign a percentage to the roles that Lindquist’s occupational exposure and cigarette smoking had in his development of emphysema, and it was insufficient to show that the work exposure exceeded the exposure caused by smoking cigarettes.

Rule of Law

Issue

Holding and Reasoning (Coleman, J.)

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