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KEY v. McLEAN TRUCKING

No. 8210IC225.

300 S.E.2d 280 (1983)

61 N.C. App. 143

Terry M. KEY, Employee, v. McLEAN TRUCKING, Employer, Self-Insured.

Court of Appeals of North Carolina.

March 1, 1983.

Attorney(s) appearing for the Case

Douglas P. Dettor and Judith G. Behar, Greensboro, for plaintiff-appellant.

Wayne H. Foushee, Winston-Salem, for defendant-appellee.

ARNOLD, Judge.

The plaintiff argues that it was improper to consider diminution of earning capacity in the award when his injury was compensable under G.S. 97-31(24). We disagree.

The relevant portion of G.S. 97-31 states: In cases included by the following schedule the compensation in each case shall be paid for disability during the healing period and in addition the disability shall be deemed to continue for the period specified, and shall be in lieu...

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