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Tag Archives: occupational disease

Workers’ Compensation – Occupational Disease – Repetitive Motion – Expert’s Testimony – Knowledge of Job Duties – Prior Injury – Disability

Bentley v. Revlon, Inc. (Lawyers Weekly No. 14-16-0358, 19 pp.) (Chris Dillon, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: When plaintiff’s expert witness neither remembered plaintiff’s job duties nor had them recorded in his notes, the Industrial ...

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Workers’ Compensation – Jurisdiction — Occupational Disease – Diagnosis – Statute of Limitations – Failure to Prosecute

Lentz v. Phil’s Toy Store It is true that the statute of limitations on an occupational disease claim does not start to run against a plaintiff until he is advised by competent medical authority of the work-related cause of his disease. Nevertheless, the Industrial Commission has subject matter jurisdiction over a plaintiff’s occupational disease claim even if he files it before he has obtained such advice.

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Workers’ Compensation – Occupational Disease – Lung Cancer – Hexavalent Chromium – Expert Testimony – Insurance – Carrier on the Risk

Phelps v. Stabilus Plaintiff produced three expert witnesses who testified to a reasonable degree of medical certainty that plaintiff’s workplace exposure to hexavalent chromium increased her risk of contracting lung cancer and that her lung cancer was caused by smoking and exposure to hexavalent chromium. Such testimony supported the Industrial Commission’s findings of increased risk and causation; these findings supported the Commission’s conclusion that plaintiff’s lung cancer was causally related to her chemical exposure.

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Workers’ Compensation – Occupational Disease – Increased Risk – Insufficient Evidence – RADS – Bleach Exposure

Harrell v. Palace Entertainment Holdings, Inc. It was up to the Industrial Commission to decide how much weight to give plaintiff’s testimony about his exposure to sodium hypochlorite; moreover, plaintiff failed to present any expert testimony that his single exposure to bleach placed him at an increased risk of developing reactive airways dysfunction syndrome.

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Workers’ Compensation – Occupational Disease – Disc Degeneration – Neck Flexion & Twisting – Termination

Smith v. Preformed Line Products Co. Every job plaintiff performed for the defendant-employer for 11 years involved hand/arm movement with her neck in a downward flexed position, and she constantly turned her head from left to right to watch her work, as she looked down. Through her medical providers, plaintiff showed that her work subjected her to unusual conditions, which caused or aggravated the degeneration of the discs in her neck. Plaintiff is entitled to temporary total disability benefits for her occupational disease.

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