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ANDREWS v. NU-WOODS, INC.

No. 7810IC854.

259 S.E.2d 306 (1979)

43 N.C. App. 591

Betty W. ANDREWS, Widow, and Guardian ad Litem of Sylvia Denise Andrews, Minor Child, Dolf Otis Andrews, Deceased, Employee, v. NU-WOODS, INC., Employer and International Insurance Co., Carrier, Defendants.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Hatcher, Sitton, Powell & Settlemyer by Steve B. Settlemyer, Morganton, for plaintiffs-appellees.

Hedrick, Parham, Helms, Kellam & Feerick by Hatcher B. Kincheloe, Charlotte, for defendants-appellants.

WEBB, Judge.

The decision in this case depends on the interpretation of certain sections of the Workmen's Compensation Act. G.S. 97-29 provides for compensation rates for total incapacity. This section contains a sentence which says: "If death results from the injury then the employer shall pay compensation in accordance with the provisions of G.S. 97-38." G.S. 97-38 provides that death benefits shall not be more than $80.00 per week for four hundred weeks. The following...

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