Barber v. Babcock & Wilcox Construction Co.

JOHNSON, Judge.

We note at the outset that plaintiff filed this action for workers’ compensation benefits alleging that he had contracted the occupa tional disease of asbestosis in his job as an insulation worker. After a hearing, a Deputy Commissioner of the Industrial Commission found that plaintiff does, in fact, suffer from asbestosis, but that the defendant-employer is not liable for payment of workers’ compensation under the purview of G.S. § 97-53(24) since plaintiff was not exposed to the hazards of asbestos for as much as thirty working days or parts therof during the course of his…