Estate of McKay v. Wade & Searway Corp. (Decision 25-11)– Where one witness testified to asbestos dust being present as result of same job duties decedent employee performed contemporaneously in a separate area of the same mill, and a second witness stated asbestos dust was often in the environment in areas where the decedent employee worked as a pipefitter, though both witnesses did not directly observe the employee in asbestos dust, the ALJ had competent evidence to conclude the death presumption of 39-A MRSA sec. 327 applied. Because the employer failed to disprove the presumed fact of work relatedness by proof the fatal lung cancer was not work related, the ALJ did not err in granting the petition for award-fatal and petition for award-occupational disease.
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