# Payne v. Cone Mills Corp.

> Court of Appeals of North Carolina · February 15, 1983 · 60 N.C. App. 692

URL: https://www.frixlaw.com/law-library/cases/9585087

## Case

- **Full name:** JAMES R. PAYNE, Employee, Plaintiff v. CONE MILLS CORPORATION, Employer, and LIBERTY MUTUAL INSURANCE COMPANY, Carrier, Defendants
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 15, 1983
- **Citations:** 60 N.C. App. 692; 299 S.E.2d 847; 1983 N.C. App. LEXIS 2529
- **Precedential status:** Published
- **Opinion:** Concurrence by Eagles
- **Judges:** Hedrick, Johnson, Eagles
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9585087

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9585087. Public record. Not legal advice.