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HARRELL v. YARNS

No. 8110IC712.

289 S.E.2d 846 (1982)

Annie Mae HARRELL, Employee, Plaintiff, v. Harriet and Henderson YARNS, Employer and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

April 6, 1982.

Attorney(s) appearing for the Case

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

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

ARNOLD, Judge.

I.

Plaintiff first assigns error to the Commission's failure to award plaintiff benefits under the version of G.S. 97-31(24) in effect at the time she became disabled. We agree that, in occupational disease cases, the date of "injury" is deemed to be the date of disability. See Frady v. Groves Thread, ___ N.C.App. ___, 286 S.E.2d 844 (1982). However, as defendant correctly points out in its cross...

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