[Download] "Wike v. Wike" by Court of Appeals of North Carolina # Book PDF Kindle ePub Free
eBook details
- Title: Wike v. Wike
- Author : Court of Appeals of North Carolina
- Release Date : January 07, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Appellant, Peter Kiewit Sons Company, appeals from an award on rehearing by the Nebraska Workmens Compensation Court awarding compensation based on Neb. Rev. Stat. §Â§ 48-101 et seq. (Reissue 1978) to appellee, Connie L. Osteen, surviving spouse of Albert S. Osteen. Mr. Osteen died on March 18, 1977, of peritoneal mesothelioma, a rare form of abdominal cancer caused by exposure to asbestos particles. Mr. Osteen was a member of Insulators and Asbestos Workers Local 39 and worked as an insulator from 1941 until a few weeks prior to his death. His employment was by the "union hall" method wherein an employer contacts the union agent requesting workers for a particular job, and the agent then assigns available workers to the requested job. Mr. Osteen worked for many employers during his years as an insulator and appellee brought her claim against approximately 40 of these employers, including appellant. After a hearing before the one-Judge Workmens Compensation Court, the court found that mesothelioma was an occupational disease and, therefore, appellee was entitled to compensation under Neb. Rev. Stat. § 48-122 (Reissue 1978) in the amount of $100 per week, the amount to be divided between appellee and the then minor child, Mark, until Mark reached his majority. Thereafter, appellee would receive $100 per week for the remainder of her widowhood. Applying the so-called "last injurious exposure" rule, Judge Paul E. LeClair ordered Vaughn Insulation to pay the entire award. On rehearing, the three-Judge Workmens Compensation Court affirmed the award in all respects except that it ordered appellant, Kiewit, to pay the entire award. Appellant assigns numerous errors. We affirm.