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CLARK v. BURLINGTON INDUSTRIES

No. 8010IC237.

271 S.E.2d 101 (1980)

Jesse T. CLARK, Employee, Plaintiff, v. BURLINGTON INDUSTRIES, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

October 21, 1980.

Attorney(s) appearing for the Case

Hassell & Hudson by Charles R. Hassell, Jr., Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by C. Ernest Simons, Jr., Raleigh, for defendants-appellees.

WEBB, Judge.

Plaintiff bases his claim for disability benefits on G.S. 97-53(13) and G.S. 97-52. G.S. 97-52 provides that a disablement from an occupational disease under G.S. 97-53 shall be treated as an accident under the Workers' Compensation Act. G.S. 97-53(13) defines an occupational disease as:

Any disease, other than hearing loss covered in another subdivision of this section, which is proven to be due to causes and conditions which are characteristic...

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