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RUTLEDGE v. TULTEX CORP./KINGS YARN

No. 415PA82.

301 S.E.2d 359 (1983)

308 N.C. 85

Margaret RUTLEDGE, Employee, Plaintiff, v. TULTEX CORP./KINGS YARN, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Supreme Court of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

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

Mason, Williamson, Etheridge & Moser, P.A. by James W. Mason and Terry R. Garner, Laurinburg, for defendants-appellees.

EXUM, Justice.

The questions for decision are whether the Industrial Commission applied the wrong legal standard in its order denying benefits to claimant and whether there is evidence from which the Commission could have made findings, using the correct legal standard, that would support a conclusion that claimant contracted an occupational disease. We answer both questions affirmatively.

After hearing evidence for claimant and defendants, Deputy Commissioner...

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