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Anderson v. Brinkhoff9/27/1993
We granted certiorari to resolve an apparent conflict between the court of appeals decision below in Anderson v. Brinkhoff, 839 P.2d 487 (Colo. App. 1992), and Masdin v. Gardner-Denver-Cooper Industries, Inc., 689 P.2d 714 (Colo. App. 1984). We believe that Masdin correctly interprets the Workers' Compensation Act, and accordingly reverse the court of appeals and remand with directions.
I
Petitioner, Donald Anderson, has alpha-1 antitrypsin deficiency, a hereditary condition which causes progressive emphysema and associated heart problems. Anderson's condition may be summarized as follows. The human body releases trypsin to attack dust and other particles inhaled into the lungs. Generally, the body produces alphatron S antitrypsin which prevents the trypsin from attacking and damaging the lungs. Anderson's body does not produce enough antitrypsin. Thus, when Anderson inhales particles into his lungs, either intentionally (i.e., smoking) or unintentionally (i.e., inhalation of construction dust), his body releases trypsin to attack the particles. However, his body does not release enough antitrypsin to prevent the trypsin from attacking his lungs. Consequently, the trypsin generated by Anderson's body has destroyed the tissue of his lungs, causing hypoxemia and ultimately emphysema. Due to the hypoxemia, Anderson has developed core pulmonale which has resulted in permanent injury to his heart.
Anderson was employed as a carpenter from 1974 until 1988. Throughout his employment Anderson was exposed to airborne particles -- sawdust and common construction site dust -- which aggravated his disease. Additionally, Anderson smoked cigarettes from 1982 until 1986, which further contributed to the progression of his disease. Approximately one year after he quit smoking, Anderson was diagnosed with alpha-1 antitrypsin deficiency. He was advised to avoid all exposure to dust, including occupational exposure. Despite this warning he continued to work as a carpenter.
In July of 1988, Anderson started working as a carpenter for respondent, David Brinkhoff. Prior to this time Anderson worked for himself. Anderson testified that this change of employment was due to the fact that he could not meet the exertive requirements of working on his own. By this time he was suffering from a severe airflow limitation and heart disease secondary to his emphysema. During his employment with Brinkhoff, Anderson was exposed to sawdust and other common construction site dust. Brinkhoff was aware of Anderson's condition and was also aware that his continued occupational exposure was making his condition worse. By December 1988, Anderson's emphysema had become so severe that he was unable to continue working as a carpenter or in any other occupation.
In January 1989, Anderson filed a claim under the Workers' Compensation Act of Colorado requesting compensation for his emphysema which was allegedly aggravated while he worked for Brinkhoff.
Finding that Anderson's occupational exposure was not a necessary precondition to his development of severe emphysema, the Administrative Law Judge (ALJ) concluded that both Anderson's occupational exposure and non-occupational cigarette smoking accelerated that disease. The ALJ also found that Anderson's last exposure to occupational dust occurred while he was employed by Brinkhoff. Relying on Masdin v. Gardner-Denver-Cooper Industries, Inc., 689 P.2d 714 (Colo. App. 1984), the ALJ ruled that Anderson sustained an "occupational disease only to the extent that occupational conditions have contributed to overall disability." The ALJ concluded that Anderson's "smoking and occ
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