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HARDIN v. A. D. SWANN TRUCKING CO., INC.

No. 7517IC936.

223 S.E.2d 840 (1976)

29 N.C. App. 216

Willie L. HARDIN, Employee, v. A. D. SWANN TRUCKING CO., INC., Employer, Liberty Mutual Insurance Co., Carrier.

Court of Appeals of North Carolina.

April 21, 1976.

Attorney(s) appearing for the Case

Clark M. Holt by Robert L. Watt, III, and Griffin, Post, Deaton & Horsley by W. Edward Deaton, Reidsville, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Martin M. Erwin and J. Donald Cowan, Jr., Greensboro, for defendants-appellees.

HEDRICK, Judge.

The one question presented on this appeal is whether the Commission erred in making the following finding:

"Plaintiff's injury by accident on January 3, 1972 did not materially aggravate or accelerate a preexisting disease or infirmity and did not proximately contribute to the loss of plaintiff's foot."

Causation between the accident and the subsequent disability is an issue of fact to be determined by the Commission from competent...

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