Andrews v. Nu-Woods, Inc.

BROCK, Justice.

The sole question presented by this appeal is the amount of compensation to which plaintiffs are entitled as a result of the death of Dolf Otis Andrews, caused by an accident arising out of and in the course of his employment with defendant Nu-Woods, Inc. Defendants argue, relying on N.C.G.S. 97-38, that plaintiffs’ weekly recovery be limited to a maximum of $80.00 for the 400 week compensable period. In its pertinent part G.S. 97-38 provides as follows:

“If death results proximately from the accident . . . the employer shall pay or cause to be paid, subject to the provisions of…