Grant v. Burlington Industries, Inc.

Judge WEBB

dissenting.

I dissent to that portion of the opinion which holds that the plaintiff is entitled to compensation under G.S. 97-31(24). I believe the reasoning of Harrell v. Yarns, 56 N.C. App. 697, 289 S.E. 2d 846 (1982), disc. rev. granted, Harrell v. Harriett and Henderson Yarns, 309 N.C. 191, 305 S.E. 2d 733 (1983), is sound and we are *253bound by that case. Until the passage of G.S. 97-52 occupational diseases were not injuries by accident within the meaning of the Workers’ Compensation Act. G.S. 97-52 provides in part:

Disablement or death of an employee resulting from an…