Moore v. Standard Mineral Co.

JOHN, Judge.

Defendants appeal an Opinion and Award of the North Carolina Industrial Commission (the Commission), contending the Commission erred by basing plaintiffs compensation rate on wages earned “at the time he was first diagnosed with silicosis rather than when he was removed from the industry” which exposed him to the hazard. For the reasons set forth herein, we affirm the Commission.

Pertinent facts and procedural information are as follows: From 16 March 1959 to 18 July 1960 and from 19 February 1963 to 19 May 1967, claimant was exposed to silica dust while employed by defendant…