Ford v. Indus. Comm'n of Ariz
In Ford v. Indus. Comm'n of Ariz., 145 Ariz. 509, 517, 703 P.2d 453, 461-62 (1985) the Court held that a mine worker who was exposed to industrial irritants during his 22 years of employment was not entitled to compensation for a debilitating cough because A.R.S. 23-901.01, which listed six causative factors for compensable diseases, precluded compensability for "mere aggravation of a preexisting disease." Ford, 145 Ariz. at 514-15, 703 P.2d at 458-59.
The supreme court disagreed, holding that this interpretation of 23-901.01 conflicted with the language in Article 18, Section 8, that requires compensation for accidents partially caused or contributed to by necessary risks or dangers of employment. Id. at 518, 703 P.2d at 462.
The court additionally stated, however, that the legislature could constitutionally "specify the factors which are to be considered in determining whether industrial exposure is a cause of an occupational disease." Id.