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WEBB v. PAULINE KNITTING INDUSTRIES

No. 8510IC579.

336 S.E.2d 645 (1985)

Myrtle S. WEBB, Employee, Plaintiff, v. PAULINE KNITTING INDUSTRIES (Formerly Known As Macanal Spinning Mills), Employer, The Travelers Insurance Company, Carrier, and/or Aetna Casualty & Surety Insurance Company, Carrier, and/or Federal Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

December 3, 1985.

Attorney(s) appearing for the Case

Lore & McClearen by R. James Lore, Raleigh, for plaintiff.

Boyle, Alexander, Hord & Smith by B. Irvin Boyle, Charlotte, for defendants-appellees Pauline Knitting Industries and The Travelers Ins. Co.

Underwood, Kinsey & Warren, P.A. by John H. Northey III, Charlotte, for defendant-appellee The Aetna Casualty and Surety Ins. Co.

Hedrick, Eatman, Gardner & Kincheloe by Edward L. Eatman, Jr., Charlotte, for defendant-appellee Federal Ins. Co.

WELLS, Judge.

Plaintiff contends that the Commission's award was entered under misapprehensions of law and that this case should be remanded for further consideration as to whether plaintiff is entitled to compensation for permanent and total disability under N.C.Gen.Stat. § 97-29 (Cum.Supp. 1983). We agree and reverse and remand.

In summary, the Commission found that plaintiff has chronic obstructive pulmonary...

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