N.C. Appeals Court Faults Employer for Using Smoking Defense to Silica Claim

RALEIGH, N.C. - An employer's reliance on a smoking defense to a claim for disability benefits by a carpenter who alleged exacerbation of breathing difficulties because of exposure to cinder block dust warrants a supplemental award of special attorney's fees, the North Carolina Court of Appeals has ruled. Blalock v. Southeastern Material d/b/a Custom Wood Structures Inc., et al., No. COA09-1530 (N.C. Ct. App.).

The Court of Appeals reversed the finding by the state's Industrial Commission and awarded special attorneys' fees as allowed by state law for an unreasonable defense to a workers' compensation claim.

The court noted in its …