For purposes of this article, the mesothelioma victim in this case will be referred to as T.L.
In a recent court decision, the North Carolina Court of Appeals affirmed a workers' compensation award for the widow of a truck driver who succumbed to mesothelioma. T.L., who was a truck driver, was diagnosed with malignant mesothelioma, an aggressive type of cancer that is caused by asbestos exposure. He died in 2018, and shortly after his passing, his widow filed a workers' compensation claim against his former employers, Carolina Freight Carriers Corporation and ABF Freight System, Inc. Though the North Carolina Industrial Commission (NCIC) initially awarded her benefits, both companies contested the decision, asserting that the claim was submitted too late as per the state's statute of limitations. The Court of Appeals rejected the arguments and ruled in favor of T.L.'s widow, allowing her to receive her deserved benefits.
According to T.L.'s surviving wife's claim, her husband worked for the two companies from 1971 to 1999. It was during this time that he suffered asbestos exposure. Usually, mesothelioma does not develop immediately after someone is exposed to asbestos. It can take up to sixty years or more for mesothelioma to develop after initial asbestos exposure. This long latency period often complicates the timeline for filing legal claims, including workers' compensation claims. In NC, the law mandates that claims for occupational diseases must be submitted within two years of when a medical professional informs the employee that their illness is work-related.
When the NCIC awarded T.L.'s surviving wife benefits, the trucking companies argued that the Full Commission had erred as the widow's workers' compensation claim was submitted over two years after T.L. had been diagnosed. They referenced a separate civil lawsuit that T.L. had filed in 2016, two years prior to his death. They claimed that by filing that lawsuit, the deceased had acknowledged that his illness was job-related, which should have triggered the two-year statute of limitations.
However, the North Carolina Court of Appeals disagreed with the defendants. The court clarified that simply being diagnosed with a disease is not enough to trigger the statute of limitations. Instead, the employee must receive an official notification from a qualified medical professional indicating that their illness is employment-related. The court found no evidence that T.L. had gotten such a notification before June 2017. The court clarified that the lawsuit T.L. filed in 2016 was purely based on his suspicions, not a medical confirmation linking his mesothelioma to his work.
Since T.L. was not medically informed that his mesothelioma was occupational until June 2017, the court concluded that the 2019 workers' compensation claim was filed within the required two-year window.
This ruling is important for anyone facing a work-related mesothelioma diagnosis and planning to file a workers' compensation claim. It is vital to remember that the statute of limitations only starts when a qualified medical professional confirms the disease is work-related, and not after a diagnosis.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.
