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CALDWELL v. MARSH RLTY. CO.

No. 7622IC754.

233 S.E.2d 594 (1977)

32 N.C. App. 676

Patricia Ervin CALDWELL, Widow, et al. v. MARSH REALTY COMPANY, Employer, and The St. Paul Companies, Carrier.

Court of Appeals of North Carolina.

April 6, 1977.

Attorney(s) appearing for the Case

Pope, Brawley, Doughton & Fields by Richard L. Doughton, Mooresville, for plaintiffs.

Hedrick, Parham, Helms, Kellam & Feerick by Hatcher B. Kincheloe, Jr., and Richard T. Feerick, Charlotte, for defendants.

BROCK, Chief Judge.

The amended order entered on 4 May 1976 by Chief Deputy Commissioner Shuford was obviously prompted by a recent amendment to G.S. 97-38. The interpretation of this recent amendment to G.S. 97-38 is the subject of this appeal.

Prior to the amendment, the second paragraph of G.S. 97-38 read as follows:

"When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin from the...

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