Rogers v. Shaw

OPINION

REID, Chief Justice.

This case presents an appeal by the widow of a deceased worker from the judgment of the trial court dismissing the claim for workers’ compensation benefits upon a finding that the employee’s death was not the result of an occupational disease. The record supports the appellant’s claim that the employee’s death is compensable.

The determinative medical facts, as distinguished from their legal consequences, are not disputed. During the course of the decedent’s more than twenty-year employment as a pipe fitter he contracted asbestosis, which, together with cigarette…