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CAPPS v. STANDARD TRUCKING CO.

No. 8510IC32.

335 S.E.2d 357 (1985)

Esmond H. CAPPS, Widow and Guardian Ad Litem for Robby Wayne Evans, Minor Child; Susan Watkins, Guardian Ad Litem for George F. Capps, Jr., Minor Child of George F. Capps, Deceased Employee, Plaintiffs, v. STANDARD TRUCKING COMPANY, Employer, Royal Insurance Company Carrier, Defendants.

Court of Appeals of North Carolina.

October 15, 1985.

Attorney(s) appearing for the Case

Clifton & Singer by W. Robert Denning, III, Raleigh for plaintiff-appellant, Susan Watkins, Guardian Ad Litem for George F. Capps, Jr., Minor Child of George F. Capps, Employee.

Mast, Tew, Armstrong & Morris by John W. Morris and George B. Mast, Smithfield, for plaintiff-appellee, Robby Wayne Evans.

COZORT, Judge.

This appeal concerns whether the deceased employee's stepchild, Robby Wayne Evans, is a "child" of the deceased within the meaning of G.S. 97-2(12) so as to clothe him with the conclusive presumption under G.S. 97-39 that he is "wholly dependent for support upon the deceased employee" and, therefore, entitled to an equal share of the compensation under G.S. 97-38. In light of Winstead v. Derreberry, 73 N.C. App. 35, 326 S.E.2d...

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