Capps v. Standard Trucking Co.

COZORT, Judge.

This appeal concerns whether the deceased employee’s stepchild, Robby Wayne Evans, is a “child” of the deceased within the meaning of G.S. 97-2(12) so as to clothe him with the conclusive presumption under G.S. 97-39 that he is “wholly dependent for support upon the deceased employee” and, therefore, entitled to an equal share of the compensation under G.S. 97-38. In light of Winstead v. Derreberry, 73 N.C. App. 35, 326 S.E. 2d 66 (1985), we must remand this case for a determination of whether Robby Wayne Evans was “substantially” dependent upon the deceased at the time of his…