SHACKLETON v. SOUTHERN FLOORING CO.

No. COA10-734.

712 S.E.2d 289 (2011)

Wendy SHACKLETON, as the Executrix of the Estate of Brenda P. Gainey, Deceased, and as the Executrix of the Estate of Leward Benmack Gainey, Deceased Employee, Plaintiff v. SOUTHERN FLOORING & ACOUSTICAL COMPANY, Employer, and USF & G Kemper Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

April 19, 2011.


Attorney(s) appearing for the Case

Wallace and Graham, P.A., by Edward L. Pauley , Salisbury, for Plaintiff-Appellant.

Teague, Campbell, Dennis & Gorham, L.L.P., by Bruce A. Hamilton , Raleigh, Tracy L. Jones , and Leslie B. Price , Raleigh, for Defendants-Appellees.


THIGPEN, Judge.

The Industrial Commission concluded Decedent's death was not caused by asbestosis and that since the attendant care of Decedent was not prescribed by a doctor, it was not compensable. We must decide whether the conclusions of law of the Industrial Commission were supported by the findings of fact, and the findings of fact, in turn, supported by the evidence. We affirm the decision of the Industrial Commission on the issue of death benefits. We remand...

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