N.C. Appellate Court Affirms Denial of Benefits in Auto Mechanic’s Asbestos Case

RALEIGH, N.C. –– A North Carolina appellate court has affirmed the denial of benefits in an asbestos case, finding that the Full Commission did not err when it found that the “overwhelming circumstantial evidence” showed that the decedent was last exposed to asbestos during a later employment.

In the April 18 opinion, the North Carolina Court of Appeals found no error with the finding that the record was replete with evidence that brakes contained asbestos during the time period in question.

Johnny Lee Whitley filed a Form 1B with the North Carolina Industrial Commission, contending that his mesothelioma was caused …