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DYE v. SHIPPERS FREIGHT LINES

No. 9410IC431.

454 S.E.2d 845 (1995)

Gaylord DYE, Employee-Plaintiff, v. SHIPPERS FREIGHT LINES, Employer-Defendant, and Old Republic Insurance Co., Servicing-Agent, Carrier-Defendant.

Court of Appeals of North Carolina.

March 21, 1995.

Attorney(s) appearing for the Case

Frederick R. Stann, Gastonia, for plaintiff-appellant.

Brooks, Stevens & Pope, P.A. by Daniel Carter Pope, Jr. and F. Stephen Glass, Cary, for defendants-appellees.

WALKER, Judge.

Plaintiff was employed as a truck driver for defendant. On 30 April 1985, while driving his route, plaintiff suffered a heart attack. Plaintiff filed a workers' compensation claim, alleging that the disabling condition caused by the heart attack was the result of an accident or occupational disease caused by "stress, equipment, and long hours."

Plaintiff's claim was heard before a deputy commissioner on 25 October 1988. At the

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