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ESTATE OF GAINEY v. SOUTHERN FLOORING

No. COA06-785.

646 S.E.2d 604 (2007)

The ESTATE OF Leward Benmack GAINEY, deceased, Employee, Plaintiff, v. SOUTHERN FLOORING AND ACOUSTICAL CO., INC., Employer, USF & G and Kemper Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

July 3, 2007.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., by Edward L. Pauley, Salisbury, for plaintiff-appellee.

Teague, Campbell, Dennis & Gorman, L.L.P., by Thomas M. Clare and Courtney C. Britt, Raleigh, for defendant-appellants.

STROUD, Judge.

Defendants appeal from the Opinion and Award of the Industrial Commission filed on 2 March 2006, which granted workers' compensation benefits and attorney's fees to plaintiff's estate for permanent and total disability due to asbestosis. We affirm.

I. Factual Background

Plaintiff testified under oath as follows: He began work for defendant-employer in 1969 as a field installer, which primarily involved the installation of asbestos...

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