Futrell v. Resinall Corp.

I disagree with the majority that our case law requires a plaintiff who is attempting to prove an aggravation of his disease due to his employment to show he was also at a greater risk of contracting the disease than the general population, I therefore dissent in part I of the majority opinion.

For diseases not specifically listed in N.C. Gen. Stat. § 97-53, such as carpal tunnel syndrome, the claimant must show that his disease is considered occupational under section 97-53(13). N.C.G.S. § 97-53(13) (2001). The burden rests on the claimant to show that: (1) “ ‘a causal connection between the…