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LUMLEY v. DANCY CONST. CO., INC.

No. 8510IC742.

339 S.E.2d 9 (1986)

Donald Ray LUMLEY, Employee, Plaintiff v. DANCY CONSTRUCTION COMPANY, INC., Employer and Ina/Aetna Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

February 4, 1986.

Attorney(s) appearing for the Case

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Robert J. Lawing and Jane C. Jackson, Winston-Salem, for defendants-appellants.

Yokley & Teeter by D. Blake Yokley, Winston-Salem, for plaintiff-appellee.

ARNOLD, Judge.

The defendants argue that "plaintiff Lumley cannot recover benefits under the North Carolina Workers' Compensation Act because he does not suffer from an occupational disease which is characteristic of and peculiar to his employment as a carpenter's helper." We disagree.

An occupational disease is defined by G.S. 97-53(13) as:

Any disease, other than hearing loss covered in another subdivision of this section, which is proven to be...

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