Mills v. JP Stevens & Co., Inc.

WELLS, Judge.

Plaintiff first contends that the Commission erred in concluding that plaintiff had not contracted an occupational disease. We do not agree, but hasten to point out that plaintiffs argument does not address the dispositive question in this appeal, which is whether plaintiffs capacity to earn wages has been diminished. The plaintiffs entitlement to compensation under the Workers’ Compensation Act is rooted in and must be measured by his capacity or incapacity to earn wages. See Ashley v. Rent-A-Car Co., 271 N.C. 76, 155 S.E. 2d 755 (1967). See also Morrison v. Burlington…