No. COA03-1651.

616 S.E.2d 356 (2005)

Eileen C. PAYNE, Administratrix of the Estate of Herby S. Payne, Deceased, Employee, Plaintiff, v. CHARLOTTE HEATING & AIR CONDITIONING, Employer, Employers Mutual Insurance Company, Carrier, and/or Ross and Witmer, Inc., Employer, Travelers Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

August 16, 2005.

Attorney(s) appearing for the Case

Wyrick, Robbins, Yates & Ponton, L.L.P., by K. Edward Greene and Kathleen A. Naggs, Raleigh; Wallace & Graham, P.A., by Mona Lisa Wallace, Richard L. Huffman, Salisbury; and M. Reid Acree, for plaintiff-appellee.

Nexsen, Pruet, Adams, Kleemeier, P.L.L.C., by Sean M. Phelan, Charlotte, for defendants-appellees Charlotte Heating & Air Conditioning and Employers Mutual Insurance Company.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by C.J. Childers, Charlotte, for defendants-appellants Ross and Witmer, Inc. and Travelers Insurance Company.

GEER, Judge.

This appeal arises out of Herby S. Payne's workers' compensation claim for disability benefits based on asbestosis. Subsequent to the hearing on his claim, but before a decision was rendered, Mr. Payne died and his wife Eileen C. Payne, the administratrix of his estate, was substituted as plaintiff. Defendants Ross and Witmer, Inc. ("R & W") and Travelers Insurance Company have appealed from the Industrial...


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