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LUTES v. EXPORT LEAF TOBACCO CO.

No. 7321IC585.

198 S.E.2d 746 (1973)

19 N.C. App. 380

Karl Allen LUTES, Employee, v. EXPORT LEAF TOBACCO CO., Employer, Liberty Mutual Insurance Co., Carrier.

Court of Appeals of North Carolina.

September 12, 1973.

Attorney(s) appearing for the Case

Billings & Graham, by William T. Graham, Winston-Salem, for plaintiff appellant.

Deal, Hutchins & Minor, by Richard Tyndall, and Walter W. Pitt, Jr., Winston-Salem, for defendant appellees.

HEDRICK, Judge.

G.S. § 97-2(18), pars. a-e provides that in all claims for compensation for hernia resulting from injury by accident, the claimant must prove to the satisfaction of the Commission:

a. That there was an injury resulting in a hernia; b. That the hernia appeared suddenly; c. That it was accompanied by pain; d. That the hernia immediately followed an accident; e. That the hernia did not exist prior...

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