Deese v. Southeastern Lawn and Tree Expert Co.

*277COPELAND, Justice

In this appeal, we are called upon to review the opinion and award of the Industrial Commission for the existence of legal error (see G.S. 97-86) in that agency’s interpretation and application of G.S. 97-38. The statute in question governs the payment and allocation of compensation benefits in cases where the employee has died as the result of a work-related injury. See G.S. 97-29. Put as simply as possible, the sole issue is whether G.S. 97-38 requires a reapportionment of the entire amount of payable death benefits among the remaining dependent children in equal shares as…