Malignant mesothelioma and asbestos-related lung cancer are common causes of death among people who work in asbestos-contaminated work settings. There are several legal and financial remedies available to those who’ve been affected by these circumstances, ranging from personal injury litigation to filing for workers’ compensation benefits, and all-too-frequently companies object to being held responsible, no matter what form of compensation is pursued. Though General Motors objected to an Ohio widow’s workers compensation claim, the state’s Court of Appeals upheld the decision and awarded the woman compensation for her husband’s lung cancer death.
General Motors Objects to Workers’ Compensation Following Asbestos-Related Lung Cancer
The case involved a former General Motors factory worker who died of asbestos-related lung cancer. When his widow applied for workers’ compensation benefits, the Ohio Bureau of Workers’ Compensation denied her request after GM argued successfully that his long-time smoking habit was the sole cause of his death.
The widow appealed the bureau’s decision to the Court of Appeals of Ohio, arguing that her husband’s lung cancer was related to his exposure to asbestos as a result of his job duties at General Motors. She supported her argument with significant scientific evidence showing that asbestos exposure put him at greater risk of contracting mesothelioma and other asbestos-related diseases to a greater degree and in a different manner than the general public.
Court Hears Evidence About Asbestos’ Role in Smokers’ Mesothelioma and Lung Cancer
Though GM presented medical experts who disputed that the man had suffered an asbestos injury, the widow presented a former GM employee who testified about the existence of several asbestos-contaminated products in the workplace, as well as a medical expert who established a causal link between the man’s asbestos exposure at GM and the development of his lung cancer and subsequent death. She also testified about the asbestos dust that covered his clothing at the end of each day.
After a review of the evidence presented by both sides, the appeals court decided in the widow’s favor, noting that her husband had previously had an asbestosis diagnosis in his medical history and that asbestos exposure would exacerbate the risk for mesothelioma, lung cancer, and other asbestos-related diseases. They upheld the trial court’s decision and granted the woman the benefits she had pursued.
If you or someone you love has been diagnosed with malignant mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
