Caulder v. Waverly Mills

331 S.E.2d 646, 314 N.C. 70, 1985 N.C. LEXIS 1707
CourtSupreme Court of North Carolina
DecidedJuly 3, 1985
Docket258PA84
StatusPublished
Cited by35 cases

This text of 331 S.E.2d 646 (Caulder v. Waverly Mills) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caulder v. Waverly Mills, 331 S.E.2d 646, 314 N.C. 70, 1985 N.C. LEXIS 1707 (N.C. 1985).

Opinions

EXUM, Justice.

The employee-plaintiff, Clifton Caulder, was a textile worker his entire working life, the last thirteen years of which he was employed by defendant Waverly Mills. His claim is for workers’ compensation for incapacity to work caused by chronic obstructive lung disease. Concluding that Caulder’s lung disease was occupational and compensable and that he was last injuriously exposed to the hazards of the disease while working for Waverly Mills and while Employers Mutual Insurance Company was on the risk, the Industrial Commission awarded Caulder compensation for total disability against defendants. The Court of Appeals affirmed and we allowed defendants’ petition for further review of its decision.

Defendants do not challenge the Commission’s findings or conclusions that Caulder suffers from chronic obstructive lung disease, the disease is occupational under N.C.G.S. § 97-53(13), and the disease has resulted in Caulder’s total incapacity to work. Defendants challenge only those aspects of the Commission’s award leading to its determination that Caulder was last injuriously exposed to the hazards of his disease while employed by Waverly Mills and that Employers Mutual was the carrier on the [72]*72risk when Caulder was so last exposed. Defendants contend that the Commission’s findings leading to such determinations are not supported by the evidence and that the findings themselves preclude as a matter of law these challenged determinations.

The evidence and the Commission’s findings are, in essence, that although Caulder was exposed to cotton dust when he worked for employers other than Waverly Mills from 1945 until 1967, he was exposed to almost no cotton dust during his employment with Waverly Mills from 1967 until 1980. Almost all of his exposure to dust during his employment with Waverly Mills was to the dust from synthetic fibers. Caulder was exposed exclusively to dust from synthetic fibers during the period when Employers Mutual was the compensation carrier on the risk from 1 July 1979 through February 1980. Inhalation of dust from synthetic fibers is not known to cause chronic obstructive lung disease.

Caulder’s evidence is that although dust from synthetic fibers is not known to cause chronic obstructive lung disease, it can make such a disease already in progress worse and, in Caulder’s case, did make it worse. The narrow legal question before us, therefore, is whether exposure to a substance which is not known to cause an occupational disease may nevertheless be a last injurious exposure to the hazards of such disease under N.C.G.S. § 97-57 if it makes the disease, already in progress, worse. The statute provides:

Employer liable. — In any case where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease, and the insurance carrier, if any, which was on the risk when the employee was so last exposed under such employer, shall be liable.

Two of our cases, Rutledge v. Tultex Corp., 308 N.C. 85, 301 S.E. 2d 359 (1983), and Haynes v. Feldspar Producing Co., 222 N.C. 163, 22 S.E. 2d 275 (1942), make it clear that exposures to substances which can cause an occupational disease can be a last injurious exposure to the hazards of such disease under N.C.G.S. § 97-57 even if the exposure in question is so slight quantitatively that it could not in itself have produced the disease.

[73]*73Haynes was a silicosis case in which the employee-plaintiff had worked in North Carolina feldspar mines for twenty-eight years. From 1927 to 1940 he worked for Tennessee Mineral Corporation where the “silica dust” in the mine “was pretty bad, and plaintiff was exposed to it constantly.” 222 N.C. at 164, 22 S.E. 2d at 275. Plaintiff began working for defendant Feldspar Producing Company on 24 September 1940 until he quit on 24 January 1941 after having been diagnosed as having silicosis. Plaintiff testified he had had symptoms of the disease while he worked for Tennessee Mineral Corporation. Indeed, plaintiffs physician testified that in November 1937 plaintiff “had early silicosis, commonly referred to as silicosis one, without symptoms.” 222 N.C. at 167, 22 S.E. 2d at 277. By November 1940 plaintiff had “moderately advanced silicosis with probable infection.” Id. After it was explained to him that the expression “last injuriously exposed” as used in the statute “meant an exposure which proximately augmented the disease to any extent, however slight,” plaintiffs physician testified in response to a hypothetical question: “You haven’t left me much leeway. I have an opinion that it did constitute an injurious exposure.” Id. The physician said he had examined plaintiff on 25 October 1938 “and found that he had silicosis one. On November 28, 1940, I examined him and found that he had moderately advanced silicosis with probable infection.” Id. Plaintiffs physician also testified that he couldn’t say whether plaintiffs silicosis had advanced at all after he had entered defendant’s employment and that he couldn’t say “that he is a bit worse off, not even 1% worse off, than he was on September 24, 1940. I can’t say that he is 1% worse off or 1% better off.” 222 N.C. at 168, 22 S.E. 2d at 277.

The Commission, after finding that plaintiff was last injuriously exposed at Feldspar Producing Company, made a compensation award against that company. This Court affirmed against defendants’ contention that there was no evidence to support the award. The Court said, in essence, that when the evidence was considered in the light most favorable to plaintiff, both the affirmative answer of the physician to the hypothetical question and the physician’s testimony on direct examination that plaintiffs disease had “advanced” from the time the physician examined him on 24 October 1938 until he next examined him on 28 [74]*74November 1940 after he went to work for Feldspar was enough to support the award against Feldspar. The Court said:

Perhaps on a comparative basis, the chief responsibility for plaintiffs condition morally rests upon his Tennessee employers; but not the legal liability. It must have been fully understood by those who wrote the law fixing the responsibility on the employer in whose service the last injurious exposure took place, that situations like this must inevitably arise, but the law makes no provision for a partnership in responsibility, has nothing to say as to the length of the later employment or the degree of injury which the deleterious exposure must inflict to merit compensation. It takes the breakdown practically where it occurs — with the last injurious exposure.

222 N.C. at 170, 22 S.E. 2d at 279 (emphasis supplied).

In Rutledge v. Tultex Corp., 308 N.C. at 89, 301 S.E. 2d at 362-63 (1983), we said:

Under this statute, consequently, it is not necessary that claimant show that the conditions of her employment with defendant caused or significantly contributed to her occupational disease. She need only show: (1) that she has a compensable occupational disease and (2) that she was ‘last injuriously exposed to the hazards of such disease’ in defendant’s employment. The statutory terms ‘last injuriously exposed’ mean ‘an exposure which proximately augmented the disease to any extent, however slight.’ Haynes v. Feldspar Producing Company, 222 N.C. 163, 166, 169, 22 S.E. 2d 275, 277, 278 (1942).

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Bluebook (online)
331 S.E.2d 646, 314 N.C. 70, 1985 N.C. LEXIS 1707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caulder-v-waverly-mills-nc-1985.