Del. Court Cites Lack of Evidence in Denying Benefits to Lead Battery Worker

WILMINGTON, Del. - The Delaware Supreme Court has affirmed an order denying workers' compensation benefits to a former worker at a battery manufacturer, saying the medical testimony offered was not the "substantial evidence" required to prove a workplace injury. Turner v. Johnson Controls, No. 561,2011 (Del. Sup. Ct.).

The court said in its April 20 order that the employer, Johnson Controls, was not required to offer an alternative theory of causation and that claimant Annette Turner failed to conclusively link her work at Johnson Controls to her respiratory symptoms.

Turner contends that her exposure to "toxic fumes" while making lead …