Donnell v. Cone Mills Corp.

ARNOLD, Judge.

DEFENDANT’S APPEAL

The substantive issue on this appeal is whether plaintiff’s earning capacity was reduced as a result of byssinosis contracted while working for the defendant. If so, then he is disabled under G.S. 97-2(9) and our case law. See, e.g., Wood v. Stevens & Co., 297 N.C. 636, 651, 256 S.E. 2d 692, 701 (1979). Because byssinosis is an occupational disease under G.S. 97-53(13), it is compensable under G.S. 97-52.

The burden of proof of showing a disability is on the plaintiff. Hall v. Chevrolet Co., 263 N.C. 569, 139 S.E. 2d 857 (1965). To conclude that plaintiff is…