Baptist

The decedent, John Baptist, died at the age of 77 of acute pneumonia. Petitioner, his widow, claimed that her husband’s death was proximately caused by on-the-job exposure to respirable asbestos, while working as a machine-tender and shingle-maker from 1936 to 1965.

At the compensation hearing, Dr. Bristow expressed his conclusion that the pneumonia was “entirely related” to debilitation caused by cancer of the pancreas, which he thought itself “very likely a direct complication of Baptist’s pulmonary asbestosis.”

A different conclusion was reached by respondents’ physician, Dr. Smith, who opined that, while Baptist had suffered from fibrosis in the 1950’s and 1960’s, both later films and the autopsy slides failed to show that the disease was present. The doctor therefore found no significant contribution to death from the undoubtedly industrially related asbestosis.

After considering in detail these conclusions and the reasons for them, the Workers’ Compensation Appeals Board judge found an “industrial death” and awarded petitioner death benefits of $50,000.

On respondents’ petition the Workers’ Compensation Appeals Board (Board) ordered a reconsideration, and…