NC Medical Examiners Report Shows Farmworker Died From Pre-existing Condition Not a Heat Related Fatality

By W. James Payne Law Firm

SPRING HOPE, N.C.  – An autopsy report released by the North Carolina Medical Examiner’s Office shows that José Arturo González Mendoza, a Barnes Farming Corporation farmworker who died last September, passed away from a pre-existing condition and not from heat conditions.  The Medical Examiner’s report shows that Mr. González Mendoza died due to a possible cardiac arrhythmia related to an undiagnosed pheochromocytoma, highlighting a tumor on the right adrenal gland.

“This report clearly shows that Mr. González Mendoza died as a result of a pre-existing condition,” said Mr. James Payne, attorney representing Barnes Farming Corporation President, Johnny C. Barnes. “This is a major defeat for NC OSHA who jumped to a conclusion that the fatality was a heat related death and have pursued that narrative without knowing or waiting for the findings of fact,” added Mr. Payne.

Mr. Payne says the publicly released autopsy report from the North Carolina Medical Examiner shows that NC OSHA’s original conclusion regarding Mr. Gonzalez’s death is false and erroneous.

“NC OSHA made its conclusion without the findings of fact and then pursued an investigation under the assumption that Mr. González Mendoza died from cardiac arrest as a result of heat-related conditions, environmental exposure, and dehydration.  Without qualification to make such a determination, NC OSHA concluded in error that Mr. González Mendoza’swas a result of heat conditions,” said Mr. Payne.

Barnes Farming Corporation is a family- owned business that grows sweet potatoes.  The Barnes Farming Corporation is based in Spring Hope and has been farming for more than 60 years. “The faceless bureaucrats at NC OSHA and the NC Department of Labor have attempted to circumvent the rights of Johnny Barnes,” said Mr. Payne.

“The NC Department of Labor has tried to crush the rights and due process of Mr. Barnes, and has pursued citations that lack support following the tragic passing of a farmworker,” said Mr. Payne. “The farm embodies the work ethic and ideal of every hard-working American. NC OSHA and NC Department of Labor levied more than $187,000.00 in fines against Mr. Barnes’ farm without knowing all of the facts in this case.  That is alarming when we are supposed to be following the rule of law,” added Mr. Payne.

“The actions of NC OSHA and NC Department of Labor should be alarming to every single person in North Carolina because they have pursued a legal avenue based on a wrong conclusion without findings of fact.  This process has led to false accusations based on an erroneous assumption,” added Mr. Payne.

“The Barnes family and farm have been devastated by this tragic incident and have extended their sympathies to the family of Mr. González Mendoza.  This event has hit many people hard,” added Mr. Payne.

 

FOR ADDITIONAL INFORMATION CONTACT:
W. James Payne  (910) 754-4389 | [email protected]