N.C. Court Affirms Judgment Where Evidence Showed Chromium, Smoking Exposures

RALEIGH, N.C. — The North Carolina Court of Appeals said July 3 that the state’s Industrial Commission properly weighed evidence of workplace exposure to hexavalent chromium against a smoking history in concluding that a deceased claimant suffered a compensable occupational disease. Phelps v. Stabilus, et al., No. COA11-1589 (N.C. Ct. App.).

In an unpublished opinion, the court affirmed a medical reimbursement award for the estate of Gail Blackburn without addressing any separate claim for death benefits.

Evidence presented on behalf of Gail Blackburn showed that, beginning in 1985, she was assigned to operate a paint booth for employer-defendant Stabilus, and …