N.C. Court Affirms Benefits to Former Mining Employee for Silica-Related Injury

RALEIGH, N.C. –– A North Carolina appellate court has affirmed an award of benefits to a mining employee that developed silicosis, agreeing with a workers’ compensation commission that the employee’s termination for work performance issues did not bar him from receiving continuing temporary partial disability benefits.

In the July 15 opinion, the North Carolina Court of Appeals also reversed the commission’s decision to deny the plaintiff’s request for attorneys’ fees, saying that the plaintiff had introduced enough evidence to support his argument that the defendants’ denial of the claim was not made in good faith.

Jesse L. Bostian contended that …