The Connecticut Supreme Court upheld the decision of the Workers’ Compensation Review Board who determined that a widow was entitled to workers’ compensation benefits for her husband, who died of lung cancer in 2012 after working at Electric Boat for years.

Donald Filosi Jr. worked for Electric Boat, a company that designs and builds nuclear submarines. He worked as a rigger from 1961 to 1998 when he retired. He moved equipment and machinery on and off submarines, and he was required to dump large barrels full of asbestos-containing refuse. He smoked, and the company argued that smoking was the reason for his lung cancer, and not the asbestos that was found in their workplace. Dr. Laura Welch had testified that his smoking was a contributing factor, but asbestos exposure was the substantial contributing cause to his illness, which he ultimately died from.

His family received compensation under the Longshore and Harbor Workers’ Compensation Act but his widow, Katherine Filosi, sought workers’ compensation benefits from his company. Originally the Workers’ Compensation Commission ruled against the family, but the Workers’ Compensation Review reversed that and now the state Supreme Court upheld their decision in a 5-0 ruling.

“The plaintiffs contend that the record in the present case demonstrates that the administrative law judge relied on the plaintiff’s medical experts and found that asbestos exposure was a substantial factor contributing to the decedent’s lung cancer. We agree with the plaintiff,” said Chief Justice Richard Robinson.

The case goes back to the Workers’ Compensation Commissioner who determines the weekly benefits the family receives and for how long.

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