Legal Opinion · Concurrence

Hendrix v. Linn-Corriher Corp.

Court of Appeals of North Carolina

Decided December 17, 1985No. 8510IC276Published

1Concurrence

Judge PARKER

concurring in result.

I concur in the result, but I agree with the dissent that reliance on Lucas v. Burlington Industries, 57 N.C. App. 366, 291 S.E. 2d 360 (1982) is misplaced. In my view, claimant’s evidence at the Commission hearing was not sufficient even considering his age, education and work experience, see, Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E. 2d 682 (1982), to support a finding that claimant was not capable of earning the same wages as the result of his occupational disease. As stated in Hill v. Dubose, 234 N.C. 446, 447-48, 67 S.E. 2d 371, 372 (1951),…

2Cases cited3 opinions

  1. Hilliard v. Apex Cabinet Co.Supreme Court of North Carolina · 1982
  2. Hill v. DU BOSESupreme Court of North Carolina · 1951
  3. Lucas v. Burlington IndustriesCourt of Appeals of North Carolina · 1982

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