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BARBER v. BABCOCK & WILCOX CONST. CO.

No. 8910IC588.

400 S.E.2d 735 (1991)

101 N.C. App. 564

Robert B. BARBER, Employee, Plaintiff/Appellant, v. BABCOCK & WILCOX CONSTRUCTION COMPANY, Employer, Defendant/Appellee, INA/Aetna Insurance Company, Carrier, Defendant/Appellee.

Court of Appeals of North Carolina.

February 5, 1991.

Attorney(s) appearing for the Case

Leonard T. Jernigan, Jr., P.A. by Leonard T. Jernigan, Jr., Raleigh, for plaintiff/appellant.

Petree Stockton & Robinson by Jane C. Jackson and Barbara E. Brady, Winston-Salem, for defendants/appellees.

JOHNSON, Judge.

We note at the outset that plaintiff filed this action for workers' compensation benefits alleging that he had contracted the occupational disease of asbestosis in his job as an insulation worker. After a hearing, a Deputy Commissioner of the Industrial Commission found that plaintiff does, in fact, suffer from asbestosis, but that the defendant-employer is not liable for payment of workers' compensation under the purview of G.S. § 97-53(24) since...

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