Court Denies Benefits Request for Worker Diagnosed with Asbestosis 26 Years After Retirement

RICHMOND, Va. - The wife of a former DuPont worker diagnosed with asbestosis 26 years after he retired from the company is not entitled to temporary disability benefits, a state appeals court has ruled. Robertson v. E.I. DuPont de Nemours & Company, Inc., No. 3431-01-2 (Va. Ct. App.)

The Court of Appeals of Virginia ruled Aug. 27 that Lena Robertson cannot receive the benefits on her husband's behalf because he didn't earn any wages in the year leading up to his diagnosis of asbestosis. And, he suffered no loss of wages as a result of the condition, the court said.