Shaw v. US Airways, Inc.

BRYANT, Judge.

Because there was no determination of disability by the Commission, plaintiff’s claim for death benefits was not barred pursuant to N.C. Gen. Stat. § 97-38. Further, because there was competent evidence in the record to support the Commission’s findings of fact determining that Curry Shaw’s death proximately resulted from a compensable injury, we affirm the Commission’s opinion and award.

*540On 12 July 2000, plaintiff Curry Shaw worked as a fleet-services worker for defendant US Airways. While lifting a piece of luggage from a baggage carousel, Shaw suffered an injury to his lower…