Payne v. Charlotte Heating & Air Conditioning

GEER, Judge.

This appeal arises out of Herby S. Payne’s workers’ compensation claim for disability benefits based on asbestosis. Subsequent to the hearing on his claim, but before a decision was rendered, Mr. Payne died and his wife Eileen C. Payne, the administratrix of his estate, was substituted as plaintiff. Defendants Ross and Witmer, Inc. (“R&W”) and Travelers Insurance Company have appealed from the Industrial Commission’s opinion and award (a) granting total disability benefits for a period preceding Mr. Payne’s death and death benefits under N.C. Gen. Stat. § 97-39 (2003) and (b)…