WINSTEAD v. DERREBERRY

No. 8410IC561.

326 S.E.2d 66 (1985)

Elizabeth Lucas WINSTEAD, widow of, Kenneth E. Winstead, Deceased; Frances A. Lucas, guardian ad litem for Chad Paul Brewer and Ronald Carl Brewer, Claimants-Appellees, v. Linda Gayle DERREBERRY, guardian for Melanie Rachelle Winstead, Claimant-Appellant, v. VARCO-PRUDEN BUILDINGS, Employer-Appellee, Travelers Insurance Company, Carrier-Appellee.

Court of Appeals of North Carolina.

February 19, 1985.


Attorney(s) appearing for the Case

Hunter, Hodgman, Greene, Goodman & Donaldson by Robert N. Hunter, Jr., Greensboro, for claimant-appellant.

Ling & Farran by Stephen D. Ling, Greensboro, for appellees.


WELLS, Judge.

Claimant Melanie Winstead brings forth four assignments of error to the Commission's order, each challenging payment of death benefits to deceased's two minor stepchildren under the Workers' Compensation Act [hereinafter the Act]. These assignments of error essentially present the sole question of whether a stepchild who is substantially but not legally dependent upon a stepparent can receive death benefits under the Act, a question of first impression...

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