Section 287.067 1. provides in part:
“1. ***the term “occupational disease” is hereby defined to mean,***an identifiable disease arising with or without human fault out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of the employment shall not be compensable, except where the diseases follow as an incident of an occupational disease as defined in this section. The disease need not to have been foreseen or expected but after its contraction it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.”
In Donald Miner v City of University City, Inj No. 00-162364 (LIRC) 2003, the Commission upheld the ALJ’s denial of compensation. Employee had been employed as a Captain of the Fire Department since 1980. However, the Commission and ALJ found it was significant that the firefighter was on duty only an average of 10 (24 hour) days a month and off 20 days. Additionally, the medical testimony of Dr. Brown highlighted that the claimant’s work duties were varied, non-repetitive on a sustained basis and allowed for sufficient recovery time.
In Killmade v Adia Personnel, (ALJ 2003), ALJ denied benefits for carpal tunnel syndrome stating the length of employment was insufficient where employee claimed the condition developed making silicone chips for 8 weeks and employee’s expert witness had no knowledge of employee’s prior work as a nurse.