Harrington v. Pait Logging Co.

EAGLES, Judge.

By his only assignment of error plaintiff argues that he is entitled to compensation for permanent total disability pursuant to G.S. 97-29.

The deputy commissioner made no findings or conclusions with respect to permanent total disability. However he did note, relying on Perry v. Hibriten Furniture Co., 296 N.C. 88, 249 S.E. 2d 397 (1978), that:

If by reason of any compensable injury an employee is unable to work and earn any wages he is totally disabled and entitled to compensation for permanent total disability under 97-29 unless all his injuries are included in the schedule set…