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Areas of Expertise :
Industrial Hygiene, Occupational And Environmental Medicine, Hematology, Oncology, Toxicology, Chemical Engineering, Workers Compensation, Oil And Gas

Published Date:
Last Modified Date:
Jurisdiction:
Louisiana State
Benoit v. Turner Industries Group, LLC was a Louisiana workers' compensation case involving Jerry Wayne Benoit, a longtime Turner Industries employee who developed acute myeloid leukemia (AML) after years of industrial maintenance work. From 1979 to 1989, Benoit worked primarily as a laborer at the CITGO refinery in Lake Charles, Louisiana, where Turner performed routine maintenance. His duties included removing chemical residue, oily waste, and other material from sewers, ditches, sump collection points, and refinery processing areas.
After Benoit developed AML, he claimed that occupational exposure to benzene during his refinery work caused the disease. The case required the Workers' Compensation Judge to consider historical workplace evidence, industrial-hygiene testimony, medical-causation opinions, coworker accounts, and refinery records even though neither CITGO nor Turner maintained individual benzene-monitoring records for Benoit. The Louisiana Third Circuit Court of Appeal affirmed the finding that his AML was causally related to workplace benzene exposure. The Louisiana Supreme Court later reviewed and reversed only the award of medical expenses.
Benoit worked primarily at the CITGO refinery in Lake Charles while employed by Turner Industries. As a general laborer, he participated in routine maintenance that included cleaning chemical muck, oily waste, and chemical discharges from sewers, ditches, sump collection points, and processing areas. The record described benzene as one of the chemicals present at the facility. Neither CITGO nor Turner maintained individual benzene-monitoring records documenting Benoit's personal exposure.
Benoit became ill in July 2006 and was diagnosed with acute myeloid leukemia shortly afterward. He sought workers' compensation benefits from Turner, alleging that his leukemia resulted from occupational exposure to benzene at the refinery. Turner denied the claim, and Benoit filed a disputed workers' compensation proceeding in October 2006.
During a preservation deposition, Benoit described the conditions in which he had worked at the CITGO facility. He testified about contact with oil, chemicals, and hazardous waste and recalled experiencing dizziness and nausea while working. The deposition preserved his account for use in the compensation proceeding. Benoit died in November 2007, and his wife, Marlene Benoit, continued the claim.
Industrial hygienist Frank Parker prepared an expert report concluding that Benoit had been overexposed to benzene while working for Turner at CITGO. His analysis considered Benoit's job duties, the conditions described by witnesses, information concerning the refinery, internal CITGO materials, and Parker's industrial-hygiene experience. Turner later challenged Parker's conclusions, arguing that his assessment relied on older data and lacked an adequate scientific methodology for determining the level of Benoit's exposure.
Dr. Frank Gardner, an oncologist and hematologist, concluded that Benoit's AML was more probably than not caused by his occupational environment. Gardner considered Benoit's medical records, work history, cytogenetic findings, witness descriptions of the refinery, Parker's exposure opinion, internal CITGO documents, and medical literature concerning benzene and leukemia. Turner argued that Gardner's causation opinion was unreliable in part because it relied on Parker's disputed exposure assessment.
Former coworkers were deposed on July 15, 2008, and gave testimony consistent with Benoit's description of refinery conditions. Soon afterward, counsel for Mrs. Benoit provided Turner with hundreds of internal CITGO documents concerning benzene exposure. The Third Circuit later considered the developing evidentiary record when reviewing the Workers' Compensation Judge's award of statutory penalties and attorney fees.
Dr. William Nasetta issued an expert report on Turner's behalf. He disputed whether the evidence was sufficient to connect Benoit's AML to workplace benzene exposure without reliable information about the amount and duration of exposure. Nasetta also considered the characteristics of Benoit's leukemia and questioned whether the disease showed features associated with benzene-related AML.
At trial, the Workers' Compensation Judge considered Benoit's preserved testimony, testimony from coworkers and family members, Parker's industrial-hygiene evidence, Gardner's medical-causation opinion, and Nasetta's competing testimony. The judge credited the evidence presented by Parker and Gardner and found that Benoit's AML was causally related to workplace benzene exposure. The resulting judgment included indemnity benefits, medical expenses, statutory penalties, attorney fees, and related costs.
Turner appealed to the Louisiana Court of Appeal, Third Circuit. Among its arguments, Turner challenged the admission of Parker's industrial-hygiene testimony and Gardner's medical opinion and disputed whether Mrs. Benoit had established the required causal connection between Benoit's employment and his AML.
The Third Circuit rejected those arguments. It held that the Workers' Compensation Judge did not abuse his discretion by admitting Parker's and Gardner's testimony and found no manifest error in the determination that Mrs. Benoit had proven occupational causation by a preponderance of the evidence. The appellate court also affirmed the penalties, attorney fees, and medical-expense award.
Turner sought review in the Louisiana Supreme Court. The court granted certiorari for the purpose of considering whether the Office of Workers' Compensation had correctly awarded $625,168.27 in medical expenses. Although Turner presented additional assignments of error, the Supreme Court later stated that it had not intended to grant review of those issues.
As a result, the Supreme Court proceeding did not reopen the Third Circuit's resolution of the expert-admissibility and occupational-causation issues. Its review focused on how medical expenses paid or written off through Medicaid should be treated under Louisiana workers' compensation law.
The Louisiana Supreme Court reversed the portion of the judgment awarding Benoit $625,168.27 in medical expenses. Medicaid had paid $203,124.68 of the submitted charges, while Turner asserted that the remaining $422,043.59 had been written off through the Medicaid program.
The court held that the $203,124.68 paid by Medicaid could not be recovered personally by the claimant because Louisiana law preserved the state's right to recover those payments from the employer or insurer. The court also concluded that the claimant could not recover the $422,043.59 treated as Medicaid write-offs. It therefore reversed the medical-expense award while recalling and denying the writ as to Turner's remaining assignments of error.
Court:
Louisiana Court of Appeal, Third Circuit
Case Name:
Benoit v. Turner Industries Group, LLC
Jerry Benoit developed acute myeloid leukemia (AML) after years of refinery maintenance work involving alleged occupational benzene exposure.
The dispute focused on reconstructing historical benzene exposure without personal monitoring records and determining whether that exposure caused his leukemia.
Industrial hygiene and medical experts presented competing opinions on exposure levels, scientific methodology, and AML causation.
In 2011, the Louisiana Third Circuit upheld the expert testimony and affirmed the finding that Benoit's AML was causally related to workplace benzene exposure.
In 2012, the Louisiana Supreme Court reversed the $625,168.27 medical-expense award involving Medicaid payments and write-offs, leaving the occupational-causation finding intact.
Benzene
Chemical Exposures
Leukemia
Occupational And Environmental Health
Hazardous Chemicals
Petrochemical
Industrial Chemicals
Workers Compensation Insurance
Benoit v. Turner Industries Group, LLC was a Louisiana workers' compensation case involving Jerry Wayne Benoit, a longtime Turner Industries employee who developed acute myeloid leukemia (AML) after years of industrial maintenance work. From 1979 to 1989, Benoit worked primarily as a laborer at the CITGO refinery in Lake Charles, Louisiana, where Turner performed routine maintenance. His duties included removing chemical residue, oily waste, and other material from sewers, ditches, sump collection points, and refinery processing areas.
After Benoit developed AML, he claimed that occupational exposure to benzene during his refinery work caused the disease. The case required the Workers' Compensation Judge to consider historical workplace evidence, industrial-hygiene testimony, medical-causation opinions, coworker accounts, and refinery records even though neither CITGO nor Turner maintained individual benzene-monitoring records for Benoit. The Louisiana Third Circuit Court of Appeal affirmed the finding that his AML was causally related to workplace benzene exposure. The Louisiana Supreme Court later reviewed and reversed only the award of medical expenses.
Benoit worked primarily at the CITGO refinery in Lake Charles while employed by Turner Industries. As a general laborer, he participated in routine maintenance that included cleaning chemical muck, oily waste, and chemical discharges from sewers, ditches, sump collection points, and processing areas. The record described benzene as one of the chemicals present at the facility. Neither CITGO nor Turner maintained individual benzene-monitoring records documenting Benoit's personal exposure.
Benoit became ill in July 2006 and was diagnosed with acute myeloid leukemia shortly afterward. He sought workers' compensation benefits from Turner, alleging that his leukemia resulted from occupational exposure to benzene at the refinery. Turner denied the claim, and Benoit filed a disputed workers' compensation proceeding in October 2006.
During a preservation deposition, Benoit described the conditions in which he had worked at the CITGO facility. He testified about contact with oil, chemicals, and hazardous waste and recalled experiencing dizziness and nausea while working. The deposition preserved his account for use in the compensation proceeding. Benoit died in November 2007, and his wife, Marlene Benoit, continued the claim.
Industrial hygienist Frank Parker prepared an expert report concluding that Benoit had been overexposed to benzene while working for Turner at CITGO. His analysis considered Benoit's job duties, the conditions described by witnesses, information concerning the refinery, internal CITGO materials, and Parker's industrial-hygiene experience. Turner later challenged Parker's conclusions, arguing that his assessment relied on older data and lacked an adequate scientific methodology for determining the level of Benoit's exposure.
Dr. Frank Gardner, an oncologist and hematologist, concluded that Benoit's AML was more probably than not caused by his occupational environment. Gardner considered Benoit's medical records, work history, cytogenetic findings, witness descriptions of the refinery, Parker's exposure opinion, internal CITGO documents, and medical literature concerning benzene and leukemia. Turner argued that Gardner's causation opinion was unreliable in part because it relied on Parker's disputed exposure assessment.
Former coworkers were deposed on July 15, 2008, and gave testimony consistent with Benoit's description of refinery conditions. Soon afterward, counsel for Mrs. Benoit provided Turner with hundreds of internal CITGO documents concerning benzene exposure. The Third Circuit later considered the developing evidentiary record when reviewing the Workers' Compensation Judge's award of statutory penalties and attorney fees.
Dr. William Nasetta issued an expert report on Turner's behalf. He disputed whether the evidence was sufficient to connect Benoit's AML to workplace benzene exposure without reliable information about the amount and duration of exposure. Nasetta also considered the characteristics of Benoit's leukemia and questioned whether the disease showed features associated with benzene-related AML.
At trial, the Workers' Compensation Judge considered Benoit's preserved testimony, testimony from coworkers and family members, Parker's industrial-hygiene evidence, Gardner's medical-causation opinion, and Nasetta's competing testimony. The judge credited the evidence presented by Parker and Gardner and found that Benoit's AML was causally related to workplace benzene exposure. The resulting judgment included indemnity benefits, medical expenses, statutory penalties, attorney fees, and related costs.
Turner appealed to the Louisiana Court of Appeal, Third Circuit. Among its arguments, Turner challenged the admission of Parker's industrial-hygiene testimony and Gardner's medical opinion and disputed whether Mrs. Benoit had established the required causal connection between Benoit's employment and his AML.
The Third Circuit rejected those arguments. It held that the Workers' Compensation Judge did not abuse his discretion by admitting Parker's and Gardner's testimony and found no manifest error in the determination that Mrs. Benoit had proven occupational causation by a preponderance of the evidence. The appellate court also affirmed the penalties, attorney fees, and medical-expense award.
Turner sought review in the Louisiana Supreme Court. The court granted certiorari for the purpose of considering whether the Office of Workers' Compensation had correctly awarded $625,168.27 in medical expenses. Although Turner presented additional assignments of error, the Supreme Court later stated that it had not intended to grant review of those issues.
As a result, the Supreme Court proceeding did not reopen the Third Circuit's resolution of the expert-admissibility and occupational-causation issues. Its review focused on how medical expenses paid or written off through Medicaid should be treated under Louisiana workers' compensation law.
The Louisiana Supreme Court reversed the portion of the judgment awarding Benoit $625,168.27 in medical expenses. Medicaid had paid $203,124.68 of the submitted charges, while Turner asserted that the remaining $422,043.59 had been written off through the Medicaid program.
The court held that the $203,124.68 paid by Medicaid could not be recovered personally by the claimant because Louisiana law preserved the state's right to recover those payments from the employer or insurer. The court also concluded that the claimant could not recover the $422,043.59 treated as Medicaid write-offs. It therefore reversed the medical-expense award while recalling and denying the writ as to Turner's remaining assignments of error.
Industrial Hygiene Expert Witness - Frank Parker (Plaintiff)
Frank Parker reconstructed Benoit's potential benzene exposure in the absence of personal air-monitoring or benzene-monitoring records. His analysis drew on Benoit's job history, descriptions of refinery operations, witness testimony, internal CITGO information, and his experience in industrial hygiene. Turner challenged both the data Parker used and the methodology supporting his conclusion that Benoit had experienced significant benzene exposure.
Oncology and Hematology Expert Witness - Dr. Frank Gardner (Plaintiff)
Dr. Frank Gardner addressed whether the occupational exposure described in the record could have caused Benoit's AML. His analysis combined medical records and cytogenetic findings with occupational information, Parker's exposure assessment, witness testimony, refinery documents, and medical literature. He concluded that Benoit's workplace exposure to hazardous concentrations of benzene was more likely than not the cause of his leukemia.
Medical Expert Witness - Dr. William Nasetta (Defense)
Dr. William Nasetta offered Turner's competing analysis of medical causation. He questioned whether a reliable causal opinion could be reached without more precise information about the amount and duration of Benoit's benzene exposure. He also considered whether Benoit's AML displayed chromosomal or other characteristics associated with benzene-related leukemia and concluded that the available evidence did not establish the causal connection asserted by the claimant.
Historical Benzene Exposure Was Reconstructed Without Personal Monitoring Data
Neither CITGO nor Turner maintained individual monitoring records showing the quantity and duration of Benoit's benzene exposure. The exposure analysis therefore relied on his work history, coworker testimony, descriptions of refinery conditions, internal CITGO documents, evidence concerning the materials handled during maintenance work, and industrial-hygiene testimony.
The absence of personal monitoring records became part of the dispute over Parker's conclusions. Turner argued that the missing dose information prevented a reliable assessment, while Parker used the available workplace evidence to reconstruct the conditions Benoit experienced.
Turner Challenged Parker's Exposure Methodology
Turner's objection to Parker was directed at how he reached his conclusion that Benoit had encountered hazardous levels of benzene. Turner argued that Parker relied on older information and had not used a sufficiently reliable scientific method to quantify Benoit's exposure.
The Workers' Compensation Judge admitted Parker's testimony despite those objections. On appeal, the Third Circuit concluded that the judge acted within his discretion in allowing Parker to testify and in considering the strengths and weaknesses of his methodology when weighing the evidence.
Gardner Connected the Exposure Evidence to Medical Causation
Gardner's role differed from Parker's. Parker addressed the occupational environment and the likelihood of significant benzene exposure, while Gardner considered whether the exposure described in the record was medically capable of causing Benoit's AML and whether it more probably than not caused his disease.
Turner attacked Gardner's opinion partly because he relied on Parker's exposure assessment. The Third Circuit nevertheless found no abuse of discretion in admitting Gardner's testimony, noting the range of medical, occupational, cytogenetic, documentary, and scientific information he considered in forming his opinion.
The WCJ Weighed Conflicting Medical Opinions Rather Than Treating Dose Evidence as Dispositive
Nasetta maintained that the absence of reliable information concerning the rate and length of Benoit's benzene exposure prevented a dependable causal conclusion. Gardner reached the opposite result after considering the total record, including Parker's exposure assessment and evidence about Benoit's work.
The Workers' Compensation Judge credited Gardner and Parker over Nasetta. The Third Circuit did not substitute its own factual assessment for the trial court's weighing of those competing opinions and upheld the finding that Mrs. Benoit had proven the occupational connection by a preponderance of the evidence.
The Supreme Court's Decision Concerned Medical Expenses, Not a New Causation Finding
The Louisiana Supreme Court granted review to address the $625,168.27 medical-expense award. It did not grant further review of Turner's challenges to expert admissibility or the finding that workplace benzene exposure caused Benoit's AML.
The Supreme Court therefore addressed the legal treatment of the $203,124.68 paid by Medicaid and the remaining $422,043.59 treated as write-offs. Its reversal of the medical-expense award did not replace the Third Circuit's resolution of the occupational-disease and expert-evidence issues.
Benoit v. Turner Industries Group, LLC concluded with the workers' compensation finding that Jerry Benoit's acute myeloid leukemia was causally related to occupational benzene exposure left intact. The Louisiana Third Circuit upheld the admission of Frank Parker's industrial-hygiene testimony and Dr. Frank Gardner's medical-causation opinion and affirmed the Workers' Compensation Judge's finding that Mrs. Benoit had established the connection between Benoit's employment and his AML.
The Louisiana Supreme Court later addressed a separate issue involving $625,168.27 in medical expenses. It reversed that portion of the judgment after determining that Benoit could not personally recover either the $203,124.68 paid by Medicaid or the $422,043.59 treated as Medicaid write-offs. The court recalled and denied the writ as to Turner's remaining assignments of error.
How was Jerry Benoit's benzene exposure evaluated without personal monitoring records?
Benoit's exposure was reconstructed from evidence describing his actual refinery work rather than from individual benzene measurements. Frank Parker considered Benoit's job duties, coworker accounts, refinery conditions, internal CITGO materials, and industrial-hygiene information when assessing whether Benoit had experienced significant occupational exposure.
Why did Turner challenge industrial hygienist Frank Parker's testimony?
Turner argued that Parker relied on older data and did not use a sufficiently reliable scientific methodology to establish the amount of benzene Benoit encountered. The Workers' Compensation Judge nevertheless admitted the testimony, and the Third Circuit found no abuse of discretion in that decision.
What did Dr. Frank Gardner conclude about benzene and Benoit's AML?
Gardner concluded that Benoit's occupational exposure to hazardous concentrations of benzene more probably than not caused his acute myeloid leukemia. His opinion considered medical records, cytogenetic findings, Parker's exposure assessment, witness testimony, CITGO documents, and medical literature.
How did Dr. William Nasetta's opinion differ from Gardner's?
Nasetta disputed whether the evidence supported a reliable connection between Benoit's AML and occupational benzene exposure. He emphasized the lack of precise dose and duration data and questioned whether Benoit's leukemia showed characteristics typically associated with benzene exposure.
What happened to the $625,168.27 medical-expense award in Benoit v. Turner Industries Group?
The Louisiana Supreme Court reversed the medical-expense portion of the judgment. Medicaid had paid $203,124.68, and the remaining $422,043.59 was treated by the court as Medicaid write-offs. The court held that the claimant could not personally recover either amount, while Turner's remaining assignments of error were not taken up for further review.
Industrial Hygiene Expert Witness - Frank Parker (Plaintiff)
Frank Parker reconstructed Benoit's potential benzene exposure in the absence of personal air-monitoring or benzene-monitoring records. His analysis drew on Benoit's job history, descriptions of refinery operations, witness testimony, internal CITGO information, and his experience in industrial hygiene. Turner challenged both the data Parker used and the methodology supporting his conclusion that Benoit had experienced significant benzene exposure.
Oncology and Hematology Expert Witness - Dr. Frank Gardner (Plaintiff)
Dr. Frank Gardner addressed whether the occupational exposure described in the record could have caused Benoit's AML. His analysis combined medical records and cytogenetic findings with occupational information, Parker's exposure assessment, witness testimony, refinery documents, and medical literature. He concluded that Benoit's workplace exposure to hazardous concentrations of benzene was more likely than not the cause of his leukemia.
Medical Expert Witness - Dr. William Nasetta (Defense)
Dr. William Nasetta offered Turner's competing analysis of medical causation. He questioned whether a reliable causal opinion could be reached without more precise information about the amount and duration of Benoit's benzene exposure. He also considered whether Benoit's AML displayed chromosomal or other characteristics associated with benzene-related leukemia and concluded that the available evidence did not establish the causal connection asserted by the claimant.
Historical Benzene Exposure Was Reconstructed Without Personal Monitoring Data
Neither CITGO nor Turner maintained individual monitoring records showing the quantity and duration of Benoit's benzene exposure. The exposure analysis therefore relied on his work history, coworker testimony, descriptions of refinery conditions, internal CITGO documents, evidence concerning the materials handled during maintenance work, and industrial-hygiene testimony.
The absence of personal monitoring records became part of the dispute over Parker's conclusions. Turner argued that the missing dose information prevented a reliable assessment, while Parker used the available workplace evidence to reconstruct the conditions Benoit experienced.
Turner Challenged Parker's Exposure Methodology
Turner's objection to Parker was directed at how he reached his conclusion that Benoit had encountered hazardous levels of benzene. Turner argued that Parker relied on older information and had not used a sufficiently reliable scientific method to quantify Benoit's exposure.
The Workers' Compensation Judge admitted Parker's testimony despite those objections. On appeal, the Third Circuit concluded that the judge acted within his discretion in allowing Parker to testify and in considering the strengths and weaknesses of his methodology when weighing the evidence.
Gardner Connected the Exposure Evidence to Medical Causation
Gardner's role differed from Parker's. Parker addressed the occupational environment and the likelihood of significant benzene exposure, while Gardner considered whether the exposure described in the record was medically capable of causing Benoit's AML and whether it more probably than not caused his disease.
Turner attacked Gardner's opinion partly because he relied on Parker's exposure assessment. The Third Circuit nevertheless found no abuse of discretion in admitting Gardner's testimony, noting the range of medical, occupational, cytogenetic, documentary, and scientific information he considered in forming his opinion.
The WCJ Weighed Conflicting Medical Opinions Rather Than Treating Dose Evidence as Dispositive
Nasetta maintained that the absence of reliable information concerning the rate and length of Benoit's benzene exposure prevented a dependable causal conclusion. Gardner reached the opposite result after considering the total record, including Parker's exposure assessment and evidence about Benoit's work.
The Workers' Compensation Judge credited Gardner and Parker over Nasetta. The Third Circuit did not substitute its own factual assessment for the trial court's weighing of those competing opinions and upheld the finding that Mrs. Benoit had proven the occupational connection by a preponderance of the evidence.
The Supreme Court's Decision Concerned Medical Expenses, Not a New Causation Finding
The Louisiana Supreme Court granted review to address the $625,168.27 medical-expense award. It did not grant further review of Turner's challenges to expert admissibility or the finding that workplace benzene exposure caused Benoit's AML.
The Supreme Court therefore addressed the legal treatment of the $203,124.68 paid by Medicaid and the remaining $422,043.59 treated as write-offs. Its reversal of the medical-expense award did not replace the Third Circuit's resolution of the occupational-disease and expert-evidence issues.
Benoit v. Turner Industries Group, LLC concluded with the workers' compensation finding that Jerry Benoit's acute myeloid leukemia was causally related to occupational benzene exposure left intact. The Louisiana Third Circuit upheld the admission of Frank Parker's industrial-hygiene testimony and Dr. Frank Gardner's medical-causation opinion and affirmed the Workers' Compensation Judge's finding that Mrs. Benoit had established the connection between Benoit's employment and his AML.
The Louisiana Supreme Court later addressed a separate issue involving $625,168.27 in medical expenses. It reversed that portion of the judgment after determining that Benoit could not personally recover either the $203,124.68 paid by Medicaid or the $422,043.59 treated as Medicaid write-offs. The court recalled and denied the writ as to Turner's remaining assignments of error.
How was Jerry Benoit's benzene exposure evaluated without personal monitoring records?
Benoit's exposure was reconstructed from evidence describing his actual refinery work rather than from individual benzene measurements. Frank Parker considered Benoit's job duties, coworker accounts, refinery conditions, internal CITGO materials, and industrial-hygiene information when assessing whether Benoit had experienced significant occupational exposure.
Why did Turner challenge industrial hygienist Frank Parker's testimony?
Turner argued that Parker relied on older data and did not use a sufficiently reliable scientific methodology to establish the amount of benzene Benoit encountered. The Workers' Compensation Judge nevertheless admitted the testimony, and the Third Circuit found no abuse of discretion in that decision.
What did Dr. Frank Gardner conclude about benzene and Benoit's AML?
Gardner concluded that Benoit's occupational exposure to hazardous concentrations of benzene more probably than not caused his acute myeloid leukemia. His opinion considered medical records, cytogenetic findings, Parker's exposure assessment, witness testimony, CITGO documents, and medical literature.
How did Dr. William Nasetta's opinion differ from Gardner's?
Nasetta disputed whether the evidence supported a reliable connection between Benoit's AML and occupational benzene exposure. He emphasized the lack of precise dose and duration data and questioned whether Benoit's leukemia showed characteristics typically associated with benzene exposure.
What happened to the $625,168.27 medical-expense award in Benoit v. Turner Industries Group?
The Louisiana Supreme Court reversed the medical-expense portion of the judgment. Medicaid had paid $203,124.68, and the remaining $422,043.59 was treated by the court as Medicaid write-offs. The court held that the claimant could not personally recover either amount, while Turner's remaining assignments of error were not taken up for further review.
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