N.C. Court Declines to Overturn Award Based on Exposure to Unknown Powder

RALEIGH, N.C. - The North Carolina Court of Appeals has declined to overturn an award to a worker claiming disability from exposure to an unidentified "white powder," saying it was solely within the authority of the industrial commissioner hearing the case to evaluate expert testimony supporting the claim. Duckworth v. SGL Carbon, et al., No. COA09-1100 (N.C. Ct. App.).

The court affirmed the permanent and total disability award for Randy Lee Duckworth on Aug. 3, rejecting arguments by his employer that there was no evidence linking the unknown substance to Duckworth's allergic reaction.

Duckworth maintained that he inhaled the unknown …