Wallace vs. Becon

This asbestosis case involved a claim for both total and permanent disability and attendant care.

Our client, the employee, worked in the construction and maintenance field as a welder and pipe fitter for most of his life.

The court found that plaintiff’s work included removing and replacing insulation around pipes, removing asbestos, and performing maintenance at the plant.

Plaintiff and his coworkers testified that they were exposed to asbestos on a regular basis during their employment.

The plaintiff developed lung cancer and surgery was required. Following his surgery, plaintiff returned home, where he remained under the constant care of his wife and adult daughter. Since his diagnosis, he has been unable to work due to his medical condition.

The Full Commission found that plaintiff had acquired asbestos-linked lung cancer, which was due to causes and conditions characteristic of and peculiar to his employment.

Plaintiff was awarded permanent and total disability compensation and his employer was ordered to pay all of his medical expenses. Further, it was ordered that plaintiff's wife was to be compensated for her attendant care services.

The North Carolina Court of Appeals upheld the award.

The case is reported as Wallace v. Becon Const. Co., 175 N.C.App. 796, 625 S.E.2d 202 (N.C. App. 2006).

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