Fleming v. K-Mart Corp.

MARTIN, Justice.

The sole issue before us is whether the Court of Appeals erred by affirming the Industrial Commission’s opinion and award *541which found that plaintiff is permanently and totally disabled and therefore entitled to compensation under N.C.G.S. 97-29. In relevant part, N.C.G.S. 97-29 provides:

Except as hereinafter otherwise provided, where the incapacity for work resulting from the injury is total, the employer shall pay or cause to be paid, as hereinafter provided, to the injured employee during such total disability a weekly compensation equal to sixty-six and two-thirds percent…