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Court Upholds Denial of Benefits for Worker's Esophageal Cancer

By Sherri Okamoto (Legal Reporter)

Thursday, December 12, 2013 | 0

The North Carolina Court of Appeals ruled that the estate of a worker who died of esophageal cancer was not entitled to workers' compensation benefits because it could not show that the worker's illness and death were causally-related to his industrial exposure to asbestos. Case: Smith Wise v. Alcoa Inc., No. COA13-29, 12/03/2013, publishedFacts: Harvey Smith worked for Alcoa Inc. from 1935 until 1978, and he was exposed to asbestos during his employment.Doctors diagnosed him with esophageal cancer in February 2008, and he died a month later.Procedural History: The executor of Smi...

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