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RHODES v. PRICE BROS., INC.

No. COA05-256.

622 S.E.2d 710 (2005)

Ruth D. RHODES, Mother and Personal Representative of the Estate, and Carson L. Kelly, Father, of Richard Dell Kelly, Deceased Employee, Plaintiffs, v. PRICE BROTHERS, INC., Employer, and Transcontinental Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

December 20, 2005.

Attorney(s) appearing for the Case

Archibald Law Office, by C. Murphy Archibald, Charlotte, for plaintiff-mother-appellant.

Shawna Davis Collins, Monroe, for plaintiff-father-appellee.

Jones, Hewson & Wollard, by R.G. Spratt, III, Charlotte, for defendant-appellees.

WYNN, Judge.

Under section 97-40 of the North Carolina General Statutes, a parent who willfully abandons the care and maintenance of his or her child is not eligible to receive workers' compensation death benefits. In this case, the mother of a deceased son covered under the Workers' Compensation Act, contends that the full Commission erroneously found that the father did not...

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