Harrell v. Harriet & Henderson Yarns

I respectfully dissent from the majority opinion.

The claimant cannot recover under G.S. § 97-29 or G.S. § 97-30 because the Commission found that her disability arose from and following her contraction of pulmonary fibrosis, a nonoccupational related condition, which she contracted long after her retirement from the defendant’s service. Likewise, claimant cannot recover under G.S. § 97-31(24) based upon findings of disability, presumed or proven, related to an occupational disease. If, indeed, disability exists, the recovery must be had pursuant to G.S. § 97-29 or 97-30.

This claimant has…