Barnes v. Weyerhaeuser Company

While plaintiff has contracted the occupational disease of asbestosis, I must respectfully dissent from the majority decision to order removal and pay 104 weeks of benefits pursuant to N.C. GEN. STAT § 97-61.5(b). Contrary to the express language of the statute, the majority finds that an order of removal and the award of 104 weeks of benefits are warranted based solely on one fact alone: that plaintiff has asbestosis. This, however, is not the law.

NECESSARY ELEMENTS FOR ORDER OF REMOVAL/104 WEEKS

Removal from employment under § 97-61.5, requires a finding of at least two conditions: (1) that…