Burton v. Peter W. Blum and Son

The Workmen’s Compensation Act authorizes the Industrial Commission to make an award of compensation on account of the death of an employee only in the event that “death results approximately from the accident and within two years thereafter, or while total disability still continues and within six years after the accident.” G.S. 97-38. The accident which the Commission found to be the proximate cause of the death occurred 20 June 1960. The death occurred 16 December 1962. The award of compensation was, therefore, authorized only if the employee’s “total disability” resulting from the fall…