Pitman v. Feldspar Corp

In Pitman v. Feldspar Corp., 87 N.C. App. 208, 360 S.E.2d 696 (1987), disc. review denied, 321 N.C. 474, 364 S.E.2d 924 (1988), the Court remanded the case to the Industrial Commission for further findings regarding whether any portion of the plaintiff's total incapacity to work was caused by conditions unrelated to employment. The plaintiff was diagnosed with silicosis after 23 years of exposure to silica dust and stopped working as a result. The Commission awarded the plaintiff total disability benefits. Advisory Medical Committee reports suggested that the plaintiff was completely incapacitated for work by reason of silicosis. However, the testimony and report of a physician tended to show that the plaintiff had, in addition to silicosis, a chronic obstructive lung disease which was due to smoking and possibly to asthma. The physician also stated that 50 percent of the plaintiff's total respiratory impairment was unrelated to the silicosis. The Commission found that the plaintiff was "totally disabled because of his pulmonary condition. The occupational disease silicosis makes a very significant contribution to plaintiff's total disability." Id. at 211, 360 S.E.2d at 697. However, because the Commission failed to make specific findings regarding the portion of the plaintiff's total incapacity to work that was caused by his non-work-related health conditions, the Court remanded the cause for specific findings.