Faile v. General Tire Rubber Company

Over a period of roughly six years working in the employer's facility, plaintiff developed a sensitivity to chemicals present there. Away from the plant, he recovered from all physical symptoms and was as physically capable of work as before — but not able to find another job at comparable wages. Defendants argue that plaintiff's "personal sensitivity" does not entitle him to compensation for diminution of his wage earning capacity under N.C. Gen. Stat. § 97-30, citing Sebastian v. MonaWatkins Hair Styling, 40 N.C. App. 30, 251 S.E.2d 872, cert. denied, 297 N.C. 301, 254 S.E.2d 921 (1979).…