Legal Opinion

Shealy v. Associated Transport, Inc.

Supreme Court of North Carolina

Decided June 10, 1960No. 238PublishedCited by 15 opinions

1Opinion of the CourtMooRe, J.

It is our opinion that the mother of the deceased employee is entitled to share equally with appellant in the compensation under the facts in this case, and we so hold.

The pertinent provisions of the Workmen’s Compensation Act are as follows:

G.S. 97-38: “If death results ... the employer shall pay compensation ... to the person or persons entitled thereto as follows:

“ (1) Persons wholly dependent ... at the time of the accident shall be entitled to receive the entire compensation . . . share and share alike to the exclusion of all other persons. If there be only one person wholly dependent,…

2Cases cited14 opinions

  1. Kellams v. Carolina Metal Products, Inc.Supreme Court of North Carolina · 1958
  2. Fields v. Hollowell & HollowellSupreme Court of North Carolina · 1953
  3. Pacific Gas & Electric Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1932
  4. J. F. Hardymon Company v. KazeCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Martin v. Glenwood Park SanatoriumSupreme Court of North Carolina · 1931

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Polaroid Corp. v. OffermanSupreme Court of North Carolina · 1998
  2. Midrex Technologies, Inc. v. N.C. Department of RevenueSupreme Court of North Carolina · 2016
  3. Deese v. Southeastern Lawn and Tree Expert Co.Supreme Court of North Carolina · 1982
  4. MacPherson v. City of AshevilleSupreme Court of North Carolina · 1973
  5. Lee v. Mowett Sales Co.Supreme Court of North Carolina · 1986

10 more not listed; retrieve them via the Exa API.

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