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CAULDER v. WAVERLY MILLS

No. 8310IC481.

314 S.E.2d 4 (1984)

Clifton D. CAULDER, Employee-Plaintiff, v. WAVERLY MILLS, v. EMPLOYERS MUTUAL INSURANCE COMPANY, Carrier-Defendant.

Court of Appeals of North Carolina.

April 17, 1984.

Attorney(s) appearing for the Case

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

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Mel J. Garofalo, Charlotte, for defendants.

WELLS, Judge.

The dispositive question in this case is whether plaintiff's last injurious exposure to his occupational lung disease occurred while he was employed by defendant Waverly Mills (Waverly). We answer that question in the affirmative and affirm the Industrial Commission's award.

"In passing upon an appeal from an award of the Industrial Commission, the reviewing court is limited in its inquiry to two questions of law, namely: (1) whether or not...

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