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MORRISON v. BURLINGTON INDUSTRIES

No. 114.

282 S.E.2d 458 (1981)

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

Supreme Court of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Hassell & Hudson by Charles R. Hassell, Jr., and Robin E. Hudson, Raleigh, for plaintiff-appellee.

Teague, Campbell, Conely & Dennis by C. Woodrow Teague and George W. Dennis III, Raleigh, Smith, Moore, Smith, Schell & Hunter by McNeill Smith, J. Donald Cowan, Jr., and William L. Young, Greensboro, for defendants-appellants.

Maupin, Taylor & Ellis, P.A. by Richard M. Lewis, Raleigh, for National Association of Manufacturers of the United States of America, amicus curiae.

Johnson, Gamble & Shearon by Samuel H. Johnson, Raleigh, for North Carolina Associated Industries, North Carolina Merchants Association, North Carolina Association of Plumbing-Heating-Cooling Contractors, Incorporated, amicus curiae.

HUSKINS, Justice.

The sole question posed by this appeal is as follows: When the Industrial Commission finds as fact, supported by competent evidence, that a claimant is totally incapacitated for work and 55 percent of that incapacity is caused, accelerated or aggravated by an occupational disease and the remaining 45 percent of that incapacity for work was not caused, accelerated or aggravated by an occupational disease, must the Commission, under the Workers' Compensation...

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