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KELLY v. DUKE UNIVERSITY

No. COA07-874.

661 S.E.2d 745 (2008)

Elsie J. KELLY, Sister of Betty Jean Jeffreys, Deceased Employee, Plaintiff, v. DUKE UNIVERSITY, Employer, (Self-Insured), Defendant.

Court of Appeals of North Carolina.

June 3, 2008.

Attorney(s) appearing for the Case

Lennon & Camak, P.L.L.C., by George W. Lennon and Michael W. Bertics, Raleigh, for plaintiff appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Jonathan C. Anders and Meredith L. Taylor, Raleigh, for defendant appellant.

McCULLOUGH, Judge.

Defendant appeals an Opinion and Award of the North Carolina Industrial Commission ("the Commission"), finding that Betty J. Jeffreys ("decedent") died as a proximate result of a compensable occupational disease and awarding decedent's sole surviving sibling, Elsie J. Kelly ("plaintiff"), death benefits pursuant to N.C. Gen.Stat. § 97-38 (2007).

The evidence before the Commission tended to show that decedent began working as a medical...

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