Harrell v. Harriet & Henderson Yarns

EXUM, Justice.

This is a lung disease case in which the Industrial Commission awarded plaintiff $4,000 in benefits for “permanent and irreversible loss of lung function” pursuant to N.C. Gen. Stat. § 97-31(24) (1979). Both plaintiff and defendants appealed, to the Court of Appeals. Plaintiff contended that the Commission erred in not making an award for incapacity to earn wages due to lung disease. Defendants contended that the Commission erred in making any award because N.C. Gen. Stat. § 97-31(24) has no application to occupational disease cases unless plaintiff suffers death or disablement…