Alexander II v. Weyerhaeuser Co.

While plaintiff has contracted the occupational disease of asbestosis, and more than likely his colon cancer was related to occupational exposure to asbestos, I must respectfully dissent from the majority decision to remand this case to reconsider an order of removal and pay 104 weeks of benefits pursuant to N.C. GEN. STAT § 97-61.5(b) under an estoppel theory.

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 the plaintiff has a compensable claim for asbestosis; and (2) that plaintiff is currently…