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MILLS v. J. P. STEVENS & CO., INC.

No. 8010IC1149.

280 S.E.2d 802 (1981)

James W. MILLS, Employee, Plaintiff, v. J. P. STEVENS & COMPANY, INC., Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

August 4, 1981.

Attorney(s) appearing for the Case

Hassell & Hudson by Robin E. Hudson, Raleigh, for plaintiff-appellant.

Maupin, Taylor & Ellis, P.A., by Richard M. Lewis and David V. Brooks, Raleigh, for defendants-appellees.

WELLS, Judge.

Plaintiff first contends that the Commission erred in concluding that plaintiff had not contracted an occupational disease. We do not agree, but hasten to point out that plaintiff's argument does not address the dispositive question in this appeal, which is whether plaintiff's capacity to earn wages has been diminished. The plaintiff's entitlement to compensation under the Workers' Compensation Act is rooted in and must be measured by his capacity or...

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