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VALLES DE PORTILLO v. D.H. GRIFFIN WRECKING

No. COA98-869.

518 S.E.2d 555 (1999)

Raquel VALLES DE PORTILLO, Guardian Ad Litem for Carlos Isaac PORTILLO VALLES, Minor and Zaida Viver, Guardian Ad Litem for Dominique L. Viver, Minor Children of Juan Portillo Rivas (Deceased), Plaintiff, v. D.H. GRIFFIN WRECKING CO., INC., Employer, and Cigna Property & Casualty Co., Carrier, Defendants.

Court of Appeals of North Carolina.

September 7, 1999.

Attorney(s) appearing for the Case

Law Offices of Kathleen G. Sumner, by Kathleen G. Sumner, Greensboro, for plaintiff-appellant Zaida Viver.

Teague, Campbell, Dennis & Gorham, L.L.P., by Thomas M. Clare, Raleigh, for defendants-appellees.

TIMMONS-GOODSON, Judge.

This appeal presents an issue of first impression in this State: whether the Industrial Commission may order that death benefits payable to a minor child in the custody of a natural parent be paid to the minor child "through a general guardian or some other person as appointed by a court of competent jurisdiction." We conclude that a general guardian is not a proper recipient of death benefits due...

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