PHILLIPS, Judge.
On 18 January 1985 Willie Montgomery, an employee of Bryant Supply Company under the Workers' Compensation Act, died as a result of a work-related accident caused by the negligence of two third-party tort feasors. After the Industrial Commission awarded all the death benefits authorized by G.S. 97-38 to the decedent's nephew, Melvin Montgomery, born 7 February 1972, the funds recovered from the third-party tort feasors in the wrongful death action...
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