Malignant mesothelioma claimed North Carolina truck driver Tommy Lineberger’s life in 2018, and his widow has been fighting for compensation since shortly after his death. Though the North Carolina court that administers workers’ compensation benefits found her claim eligible for compensation from his former employers, both companies appealed, arguing that her claim exceeded the governing statute of limitations. After review, the Court of Appeals of North Carolina affirmed the earlier court’s decision, and she will receive her benefits.
Trucking Companies Argue Against Mesothelioma Widow Receiving Workers’ Compensation Benefits
In May 2019, a year after her husband died of mesothelioma, Marcella Lineberger filed a claim for workers’ compensation benefits with the Full Commission, a group of six commissioners vested as the court of exclusive and original jurisdiction by the General Assembly to adjudicate and administer the North Carolina Workers’ Compensation Act. Her claim named Carolina Freight Carriers Corporation and ABF Freight System, Inc. as defendants, noting that her late husband had worked for both companies from 1971 to 1999 and alleging that his illness was caused by occupational exposure.
When the commission awarded her benefits, the companies filed an appeal, asserting that the panel had erred in deeming the mesothelioma victim’s widow eligible for compensation because her claim was filed more than two years after Mr. Lineberger had been diagnosed. They pointed to a civil lawsuit that the victim had filed in late 2016, more than two years before Mrs. Lineberger filed her suit, as evidence to support their argument.
Mesothelioma Benefits Decision Based on Notification that Illness Was Occupational
In reviewing the case, the Appeals Court of North Carolina recognized that the victim had been diagnosed with mesothelioma more than two years before the widow had filed her claim, but upheld the Full Commission’s decision because the statute of limitations specifies that the employee must be informed by a competent medical authority that their disease is occupational; simply being diagnosed and pointing to asbestos in the environment is insufficient to meet the bar for notification.
The appeals court ruled there was no evidence that the 2016 civil lawsuit was based on a doctor having informed Mr. Lineberger that his employment caused his mesothelioma – any assertions included in that case had been based on the victim’s suspicions. They determined that he had not been definitively informed that his work with the trucking companies caused his mesothelioma until June 2017, which was 23 months before the widow filed her claim.
If you or someone you love has been diagnosed with mesothelioma, you must have experienced professionals working on your behalf. For assistance, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
