When an employee receives or is entitled to compensation under this Article for an injury covered by G.S. 97-31 and dies from any other cause than the injury for which he was entitled to compensation, payment of the unpaid balance of compensation shall be made: First, to the surviving whole dependents; second, to partial dependents, and, if no dependents, to the next of kin as defined in the Article; if there are no whole or partial dependents or next of kin as defined in the Article, then to the personal representative, in lieu of the compensation the employee would have been entitled to had he lived.
Provided, however, that if the death is due to a cause that is compensable under this Article, and the dependents of such employee are awarded compensation therefor, all right to unpaid compensation provided by this section shall cease and determine. (1929, c. 120, s. 37; 1947, c. 823; 1971, c. 322.)
Notes of Decisions
Wilhite v. Liberty Veneer Co., 267 S.E.2d 566 (N.C. Ct. App. 1980).
· cites it 4× “This result, we think, is more consonant with N.C. Gen. Stat. § 97-37 , which provides in relevant part: “Where injured employee dies before total compensation is paid.”
Wilhite v. Liberty Veneer Co., 278 S.E.2d 234 (N.C. 1981).
· cites it 3× “G.S. 97-37 in pertinent part provides: When an employee receives or is entitled to compensation under this Article for an injury covered by G.”
Davis v. NC Granite Corp., 131 S.E.2d 335 (N.C. 1963).
· cites it 2× “The Gilmore case did not involve G.S. 97-37. In appropriate circumstances the right to compensation survives the death of the employee and accrues to his dependents.”
Bridges v. McCrary Stone Servs., Inc., 268 S.E.2d 559 (N.C. Ct. App. 1980).
· cites it 5× “This result, we think, is more consonant with N.C. Gen. Stat. § 97-37 , which provides in relevant part: ‘Where injured employee dies before total compensation is paid.”
Kelly v. Duke Univ., 661 S.E.2d 745 (N.C. Ct. App. 2008).
“When an employee dies from any cause other than the injury for which he is entitled to compensation, payment of the minimum amount of compensation shall be payable as provided in G.S. 97-37. (Emphasis added.) Our Supreme Court has held that the “in lieu of’ clause of § 97-31 was…”
Inman v. Meares, 101 S.E.2d 692 (N.C. 1958).
· cites it 2× “True, G.S. 97-37, which provides that when an employee is entitled to compensation under G.”
Skillin v. Magna Corp./Greene's Tree Serv., Inc., 566 S.E.2d 717 (N.C. Ct. App. 2002).
· cites it 2× “Burgess filed a claim for workers’ compensation with the Industrial Commission, and Deputy Commissioner Glenn heard the testimony and issued a decision on 17 March 2000 awarding compensation.”
McCulloh v. Catawba Coll., 146 S.E.2d 467 (N.C. 1966).
“G.S. 97-37 provides that when an employee who is entitled to compensation for an injury covered by G.”
West v. Hoyle's Tire & Axle, LLC (N.C. 2022).
· cites it 3× “See N.C.G.S. §§ 97-37 to -40 (2021). It states in relevant part: A widow, a widower and/or a child shall be conclusively presumed to be wholly dependent for support upon the deceased employee.”
West v. Hoyle's Tire & Axle, LLC (N.C. 2022).
· cites it 3× “See N.C.G.S. §§ 97-37 to -40 (2021). It states in relevant part: A widow, a widower and/or a child shall be conclusively presumed to be wholly dependent for support upon the deceased employee.”
Costner v. A. A. Ramsey & Sons, Inc., 343 S.E.2d 607 (N.C. Ct. App. 1986).
· cites it 3× “[The employee shall have a vested right in a minimum amount of compensation for the total number of weeks of benefits provided under this section for each member involved.”
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