Gamble v. Borden, Inc.

MARTIN (Robert M.), Judge.

The critical fact in issue is the duration of plaintiff’s total disability. “The question of whether there has been a total and permanent disability resulting from a loss of mental capacity caused by or resulting from an injury to the brain is one of fact.” Priddy v. Cab. Co., 9 N.C. App. 291, 297, 176 S.E. 2d 26, 30 (1970). Duration is a critical finding necessary to support a compensation award under G.S. 97-29 and 30 which provide “[c]ompensation for disability, dependent as to amount upon whether the injury produces a permanent total, a permanent partial, a total…