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MOORE v. STANDARD MINERAL CO.

No. 9410IC652.

469 S.E.2d 594 (1996)

122 N.C. App. 375

Tracy W. MOORE, Plaintiff-Employee, v. STANDARD MINERAL COMPANY, Defendant-Employer, and CNA Insurance Company, Defendant-Carrier.

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

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

Young Moore Henderson & Alvis, P.A. by Joseph W. Williford and Terryn D. Owens, Raliegh, for defendants-appellants.

JOHN, Judge.

Defendants appeal an Opinion and Award of the North Carolina Industrial Commission (the Commission), contending the Commission erred by basing plaintiff's compensation rate on wages earned "at the time he was first diagnosed with silicosis rather than when he was removed from the industry" which exposed him to the hazard. For the reasons set forth herein, we affirm the Commission.

Pertinent facts and procedural information are as follows: From...

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