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HARRELL v. HARRIET & HENDERSON YARNS

No. 198PA83.

336 S.E.2d 47 (1985)

Clarence R. HARRELL, Executor of the Estate of Annie Mae Harrell, Employee, Plaintiff, v. HARRIET & HENDERSON YARNS, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Supreme Court of North Carolina.

November 5, 1985.

Attorney(s) appearing for the Case

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

Maupin, Taylor & Ellis, P.A. by Richard M. Lewis and David V. Brooks, Raleigh, for defendant-appellees.

EXUM, Justice.

This is a lung disease case in which the Industrial Commission awarded plaintiff $4,000 in benefits for "permanent and irreversible loss of lung function" pursuant to N.C.Gen.Stat. § 97-31(24) (1979). Both plaintiff and defendants appealed to the Court of Appeals. Plaintiff contended that the Commission erred in not making an award for incapacity to earn wages due to lung disease. Defendants contended that the Commission erred in making any award...

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