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LUCAS v. BURLINGTON INDUSTRIES

No. 8110IC826.

291 S.E.2d 360 (1982)

Rilda J. LUCAS, Employee Plaintiff, v. BURLINGTON INDUSTRIES, Employer, and Liberty Mutual Insurance Co., Carrier Defendants.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Michael E. Mauney, Durham, for plaintiff.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by C. Ernest Simons, Jr., and Steven M. Sartorio, Raleigh, for defendants.

VAUGHN, Judge.

Plaintiff first argues that the Commission erred in setting aside the hearing commissioner's conclusion of law that plaintiff suffered from an occupational disease without reaching its own conclusion on the issue. We disagree. The dispositive question is whether plaintiff's capacity to earn wages has been diminished. Mills v. J. P. Stevens & Co., 53 N.C. App. 341, 280 S.E.2d 802 (1981). In the present cause...

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