Johnson v. Covil Corporation

711 S.E.2d 500 (2011)

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Johnson v. Covil Corporation

North Carolina Court of Appeals
711 S.E.2d 500 (2011)

Facts

Russell Johnson was employed by Covil Corporation (defendant), an installation company, until 1987. Covil used asbestos at many sites. Russell was an insulator and foreman, and by 1987 he became president of Covil. After Russell retired in 1987, he worked for his son-in-law from 1989 to 2006 but did not receive compensation. In early 2006, Russell was diagnosed with a rare cancer only caused by asbestos. In June 2006, Russell filed a claim for workers’-compensation benefits with the North Carolina Industrial Commission (the commission) based on asbestos exposure. The next day, Russell died. The maximum compensation rate in 2006 was $730. Edith Johnson (plaintiff) was Russell’s dependent and representative of his estate. In October 2006, Edith sought death benefits and amended the form that was filed with the commission. The commission awarded benefits to Edith, finding Russell’s death to be the result of occupational exposure to asbestos. The commission used the average weekly wages in Russell’s last full year of employment with Covil, $807.69, to calculate benefits and used the maximum compensation rate in 1987 to award 400 weeks of death benefits of $308 weekly. Edith filed a motion to amend or reconsider the order based on the maximum compensation rate. The commission denied the motion. Edith appealed.

Rule of Law

Issue

Holding and Reasoning (McCullough, J.)

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