The North Carolina Court of Appeals affirmed the Industrial Commission's award of workers' compensation to the plaintiff (widow and executrix) for the deceased employee's mesothelioma, finding competent evidence that his last injurious asbestos exposure occurred during his 30-year employment with UPS.
Excerpt
Last injurious exposure Average weekly wage calculation North Carolina Full Industrial Commission authority to amend an award
What This Ruling Means
# Penegar v. United Parcel Service – Case Summary
**What Happened**
A widow filed a workers' compensation claim after her husband died from mesothelioma, a serious lung disease caused by asbestos exposure. The man had worked at United Parcel Service for 30 years. The company questioned whether his asbestos exposure happened at work or elsewhere, which would affect whether his widow received benefits.
**The Court's Decision**
North Carolina's Court of Appeals sided with the widow. The court confirmed that evidence clearly showed the man's last significant asbestos exposure occurred during his three decades working at UPS. This meant his illness was work-related, and his widow qualified for workers' compensation benefits.
**Why This Matters**
This case shows that courts take workplace health hazards seriously, even when diseases develop years after exposure ends. If you work around dangerous materials like asbestos, your employer is responsible for protecting you. If you develop illness from workplace exposure, you and your family may have the right to compensation. The decision reinforces that long-term employment with exposure creates employer accountability.
This summary was generated to explain the ruling in plain English and is not legal advice.
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.