Opinion

Payne v. Cone Mills Corp.

  • 60 N.C. App. 692
  • 299 S.E.2d 847
  • 1983 N.C. App. LEXIS 2529
Court
Court of Appeals of North Carolina
Filed
Feb 15, 1983
Status
Published
Author
Eagles
On the bench
Hedrick, Johnson, Eagles
Cited by
3 cases

The opinion

*699 Judge Eagles

concurring.

I am compelled to concur based on the language of the statute, G.S. 97-58(b), and the failure of the statute to describe more clearly what constitutes notice to a potential claimant from a competent medical authority that he has a compensable related disease. As presently phrased, the statute is satisfied by the fact that claimant was told by Dr. Steelman that he had a breathing problem which he would have “all his life” and that if he went back into the card room of the mill to work it would “kill” him. Relief from the statute’s employee notice provisions is available, if at all, only through the legislative process.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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