Fetner v. Rocky Mount Marble & Granite Works

The first question for decision is whether or not the insurance carrier was on the risk during the .period of employee’s “¡last injurious exposure” to silicia dust so as to impose liability on the carrier.

Defendant employer insists that employee became disabled as disablement is defined by G.S. 97-54 on 5 July 1951. Dr. Swisher testified: “In my opinion Mr. Wright was incapacitated from performing any normal labor as ia stonecutter on July 5,1951.” Carrier was on the risk from 16 April 1951 to 16 July 1951. Defendant contends that the testimony of Dr. Swisher by fixing the date of disablement…