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JOYNER v. J.P. STEVENS AND CO.

No. 8410IC343.

322 S.E.2d 636 (1984)

Willie Mae JOYNER, Widow of Jesse Joyner, Deceased, Employee, Plaintiff, v. J.P. STEVENS AND COMPANY, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

December 4, 1984.

Attorney(s) appearing for the Case

Charles R. Hassell, Jr., Raleigh, for plaintiff, appellee.

Maupin, Taylor & Ellis, P.A. by David V. Brooks, Raleigh, for defendants, appellants.

HEDRICK, Judge.

This appeal raises the single question of whether plaintiff is entitled to benefits pursuant to G.S. 97-38, which in pertinent part provides: "If death results proximately from the accident and within two years thereafter, or while total disability still continues and within six years after the accident, the employer shall pay ... compensation...." Resolution of this question depends upon when the "accident" occurred that ultimately caused the deceased...

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