Payne v. Charlotte Heating Air Conditioning

I respectfully dissent from the majority opinion for three reasons: (1) plaintiff has not established that he has asbestosis; (2) plaintiff's death claim is not properly before the Commission; and (3) plaintiff's death claim would be barred by § 97-61.6.

PLAINTIFF HAS NOT ESTABLISHED ASBESTOSIS

I disagree with the majority's conclusion that plaintiff has asbestosis. "Asbestosis" is statutorily defined as "characteristic fibrotic condition of the lungs caused by the inhalation of asbestos dust." N.C. Gen. Stat. § 97-62. Asbestosis is a medical condition that is to be determined by current,…