The Tennessee Supreme Court on Tuesday ruled that a deceased 30-year coal worker’s pancreatic cancer was unproven to have come from exposure on the job and that his widow therefore cannot collect survivor benefits.

Georgette McCroskey alleged her deceased husband, Marcus McCroskey, died from pancreatic cancer on June 15, 2012, as the result of work-related exposure to coal tar pitch while employed by Alcoa Inc., according to records in Alcoa Inc. v. Georgette McCroskey, individually and as surviving spouse of Marcus McCroskey, argued before the state Supreme Court’s Special Workers' Compensation Appeal Panel in Knoxville, Tennessee.

Mr. McCroskey worked for aluminum producer Alcoa from 1966 to 1996, serving in a number of roles including brick mason helper and equipment worker. (Alcoa) “does not contest (Mr. McCroskey) was exposed to coal tar pitch or at times he worked in areas involved in the smelting process and production of aluminum during his employment,” records state.

An earlier court held Mrs. McCroskey, who relied on the testimony of an occupational doctor who testified his “work-related exposure was a substantial contributing factor to his development of pancreatic cancer,” had not carried her burden of proof on the issue of whether or not her husband’s pancreatic cancer was caused by his work-related exposure to coal tar pitch, records state.

Records from a cross examination of the doctor who supported her claim revealed that he had “acknowledged he has no prior experience with coal tar pitch exposure and he has never treated patients with pancreatic cancer; indeed, he does not treat patients. This is his first case involving pancreatic cancer, coal tar pitch, or an aluminum worker.”

Mrs. McCroskey later appealed the early decision, arguing “the preponderance of evidence supports the conclusion (Mr. McCroskey’s) work-related exposure was a substantial contributing factor in his development of pancreatic cancer and death.

The three-judge panel with the state Supreme Court in its unanimous ruling cited conflicting doctor testimony that Mr. McCroskey “possessed recognized risk factors for the development of pancreatic cancer which were wholly unrelated to his work exposure to coal tar pitch.” That doctor “testified unequivocally these risk factors — not any work-place exposure — caused (his) pancreatic cancer.”