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SHAW v. U.S. AIRWAYS, INC.

No. COA11-284.

720 S.E.2d 688 (2011)

Linda SHAW, Widow of Curry Shaw, Deceased Employee, Plaintiff v. US AIRWAYS, INC., Employer, American Protection Insurance Co., Carrier, Defendants.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, Charlotte, by Vernon Sumwalt and Mark T. Sumwalt , for plaintiff-appellee.

Littler Mendelson, P.C., Pittsburgh, by Kimberly A. Zabroski , for defendant-appellant.

BRYANT, Judge.

Because there was no determination of disability by the Commission, plaintiff's claim for death benefits was not barred pursuant to N.C. Gen.Stat. § 97-38. Further, because there was competent evidence in the record to support the Commission's findings of fact determining that Curry Shaw's death proximately resulted from a compensable injury, we affirm the Commission's opinion and award.

On 12 July 2000, plaintiff Curry Shaw worked as a...

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