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SHAW v. SMITH & JENNINGS, INC.

No. COA97-1123.

503 S.E.2d 113 (1998)

Carolyn S. SHAW, Individually, as Administratrix of the Estate of Franklin Neal Shaw, and as Guardian ad Litem for Justin Neal Shaw and Benjamin Tyler Shaw, Minor Children of Franklin Neal Shaw, Deceased Employee, Plaintiff, v. SMITH & JENNINGS, INC., Self-Insured Employer, Riscorp, Servicing Agent, Defendant.

Court of Appeals of North Carolina.

August 4, 1998.

Attorney(s) appearing for the Case

Ben Farmer, Jamestown, for plaintiff-appellee.

Lewis & Roberts, P.L.L.C. by Richard M. Lewis and M. Reid Acree, Jr., Raleigh, for defendant-appellant.

WALKER, Judge.

Plaintiff is the widow of Franklin Neal Shaw (the decedent), who was found dead in his motor vehicle after it was involved in a one-vehicle accident on 2 November 1993. She instituted this claim before the North Carolina Industrial Commission on 16 August 1994 to recover death benefits under the North Carolina Workers' Compensation Act (the Act). Following a hearing, the deputy commissioner issued an opinion and award on 17 October 1996 in which she...

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