[DOWNLOAD] "Mills v. Stevens" by Court of Appeals of North Carolina No. 8010IC1149 * eBook PDF Kindle ePub Free
eBook details
- Title: Mills v. Stevens
- Author : Court of Appeals of North Carolina No. 8010IC1149
- Release Date : January 04, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Plaintiff first contends that the Commission erred in concluding that plaintiff had not contracted an occupational disease. We do not agree, but hasten to point out that plaintiff's argument does not address the dispositive question in this appeal, which is whether plaintiff's capacity to earn wages has been diminished. The plaintiff's entitlement to compensation under the Workers' Compensation Act is rooted in and must be measured by his capacity or incapacity to earn wages. See Ashley v. Rent-A-Car Co., 271 N.C. 76, 155 S.E.2d 755 (1967). See also Morrison v. Burlington Industries, 47 N.C. App. 50, 55, 266 S.E.2d 741, 744 remanded for additional proceedings, 301 N.C. 226, 271 S.E.2d 364 (1980). ""Under the . . . Compensation Act disability refers not to physical infirmity but to a diminished capacity to earn money."" Mabe v. Granite Corp., 15 N.C. App. 253, 255, 189 S.E.2d 804, 806 (1972) quoting Hall v. Chevrolet Co., 263 N.C. 569, 139 S.E.2d 857 (1965). ""Under our . . . Compensation Act injury resulting from occupational disease is compensable only when it leads to disablement."" Woods v. Stevens & Co., 297 N.C. 636, 644, 256 S.E.2d 692, 697 (1979). The wording of G.S. 97-52 makes it abundantly clear that ""disablement"" resulting from an occupational disease is the basis for compensation.