The opinion
*649 Judge BECTON,
dissenting.
I dissent from the majority opinion because the clear, unambiguous language of the statute includes all cases of total disability. It is well settled that the words of a statute are to be given their common and ordinary meaning unless a technical interpretation is apparent by the context. In re Duckett, 271 N.C. 430, 436, 156 S.E. 2d 838, 844 (1967). Further, “[i]t is always presumed that the legislature acted with care and deliberation and with full knowledge of prior and existing law.” State v. Benton, 276 N.C. 641, 658 , 174 S.E. 2d 793, 804 (1970). The legislature made no distinctions between the claimants who could benefit under G.S. 97-29.1. The only requirements which the statute contains is that the claimant be totally and permanently disabled prior to July 1, 1973. Mrs. Taylor was totally and permanently disabled prior to 1973 and, therefore, should receive the benefits afforded under this statute.
The defendants argue that there are vested rights and responsibilities which accrue to each party based upon the law in existence at the time of the claimant’s injury or illness. Apparently, the legislature has determined that the best interests and welfare of this State would be served by allowing these claims to be filed. I do not believe that this is a case of a retroactive application of the statute. It is instead a declaration of new rights and responsibilities based upon past events.
The defendants argue that, depending upon when a claimant filed a claim and had that claim settled, the statute could lead to unequal results in cases among persons suffering with the same injuries or illnesses. That may be so. It has no effect on the validity of the statute, however. All statutes become effective upon some given date. Cases which arise after the effective date and before any amendments or repealing legislation are passed are governed by the statutes. It happens all the time that some individuals, because of when incidents occur, will either benefit or be penalized by a change in a statute.
For the foregoing reasons, I vote to reverse the Commission’s Opinion and Award and reinstate the Deputy Commissioner’s Opinion and Award which allowed an increase of payment under G.S. 97-29.1.