Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Asbestosis

Workers’ Compensation – Asbestosis – Carrie on the Risk – Last Exposure (access required)

Mauldin v. AC Corp. In her dissenting opinion, Judge Beasley found that the Industrial Commission had enough evidence from which to conclude Argonaut was the responsible carrier for plaintiff’s asbestos. For the reasons stated in the dissent, Argonaut is liable for the entirety of the $40,000 award for damage to plaintiff’s lungs.

Read More »

Workers’ Compensation – Settlement Agreement – Asbestosis – Death Benefits – Statutory Time Limitations (access required)

Coffey v. Weyerhaeuser Where a worker reached a settlement agreement with his employer regarding compensation and weekly lifetime benefits for full and permanent disability due to occupational disease, the worker’s heirs are still held to the statutory standard - and barred from seeking death benefits when worker died more than two years after the agreement was signed, or six years after his original date of disability.

Read More »

Workers’ Compensation – Asbestosis – Disability – Other Causes – Lung Damage – Exposure (access required)

Fewell v. Charlotte Mecklenburg Board of Education Where plaintiff was disabled by causes other than her compensable asbestosis, she need not be “removed” from a position that causes harmful exposure to the hazards of asbestos; therefore, she is not entitled to 104 weeks of compensation under G.S. § 97-61.5. Plaintiff is entitled to compensation under G.S. § 97-31(24) in the amount of $20,000, or $10,000 per lung. Defendant shall also pay for all related medical expenses.

Read More »

Workers’ Compensation – Asbestosis – Two Employers – One’s Settlement – Evidence (access required)

Torrence v. Aeroquip Even though plaintiff named two employers as defendants in this asbestosis case and settled with one of them, since plaintiff’s working conditions varied substantially from one workplace to the other, and since the settling employer did not admit liability, the employer who did not settle was not entitled to a set off for the amount paid by the settling employer. We affirm the Industrial Commission’s award of benefits.

Read More »

Workers’ Compensation – Asbestosis – Permanent Total Disability Benefits – Average Weekly Wage – Costs & Attorney’s Fees – Date of Diagnosis – Date of Injury (access required)

Ensley v. FMC Corp. (Lawyers Weekly No. 11-16-0294, 15 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here to read the full text of the opinion. Holdings: (1) The commission’s unchallenged findings of ...

Read More »