(a) Whenever payment of compensation is made to a widow or widower for her or his use, or for her or his use and the use of the child or children, the written receipt thereof of such widow or widower shall acquit the employer: Provided, however, that in order to protect the interests of minors or incompetents the Industrial Commission may at its discretion change the terms of any award with respect to whom compensation for the benefit of such minors or incompetents shall be paid.
(b) Whenever payment is made to any person 18 years of age or over, the written receipt of such person shall acquit the employer.
(c) Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer, unless and until such dependent or dependents prior in right shall have given notice of his or their claims. In case the employer is in doubt as to the respective rights of rival claimants, he may apply to the Industrial Commission to decide between them.
(d) A minor employee under the age of 18 years may sign agreements and receipts for payments of compensation for temporary total disability, and such agreements and receipts executed by such minor shall acquit the employer. Where the injury results in a permanent disability and the sum to be paid does not exceed five hundred dollars ($500.00) the minor employee may execute agreements and sign receipts and such agreements and receipts shall acquit the employer; provided, that when deemed necessary the Commission may require the signature of a parent or person standing in place of a parent. (1929, c. 120, s. 47; 1931, c. 274, s. 7; 1945, c. 766.)
Notes of Decisions
Pratt v. Cent. Upholstery Co., 115 S.E.2d 27 (N.C. 1960).
“G.S. 97-48 (b). It all comes to this: The agreement presented to the Commission invoked the judicial authority of the Commission, a preliminary and interlocutory award was made by approval of the agreement, there has been no final determination of compensation, and claimant has…”
de Portillo v. D.H. Griffin Wrecking Co., 518 S.E.2d 555 (N.C. Ct. App. 1999).
· cites it 14× “Instead, Rule 604(2) provides that “compensation payable to a minor or incompetent shall be paid as provided in N.C.Gen Stat. § 97-48 and N.C. Gen. Stat.”
Green v. Briley, 87 S.E.2d 213 (N.C. 1955).
· cites it 2× “Decision here is controlled by the provisions of G.S. 97-48 (c), which reads: “Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer, unless and until such dependent or…”
Hill v. Cahoon, 113 S.E.2d 569 (N.C. 1960).
“G.S. 97-48 (c). On appeal to the Superior Court the rulings of the Commission were *298 affirmed.”
West v. Hoyle's Tire & Axle (N.C. Ct. App. 2021).
· cites it 6× “¶ 15 N.C. Gen. Stat. § 97-48 (c) provides, (c) Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer, unless and until such dependent or dependents prior in right shall…”
West v. Hoyle's Tire & Axle (N.C. Ct. App. 2021).
· cites it 6× “¶ 15 N.C. Gen. Stat. § 97-48 (c) provides, (c) Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer, unless and until such dependent or dependents prior in right shall…”
— N.C. Gen. Stat. § 97-48(a) — 1 case
de Portillo v. D.H. Griffin Wrecking Co., 518 S.E.2d 555 (N.C. Ct. App. 1999).
“Instead, Rule 604(2) provides that “compensation payable to a minor or incompetent shall be paid as provided in N.C.Gen Stat. § 97-48 and N.C. Gen. Stat.”
— N.C. Gen. Stat. § 97-48(c) — 2 cases
West v. Hoyle's Tire & Axle (N.C. Ct. App. 2021).
“¶ 15 N.C. Gen. Stat. § 97-48 (c) provides, (c) Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer, unless and until such dependent or dependents prior in right shall…”
West v. Hoyle's Tire & Axle (N.C. Ct. App. 2021).
“¶ 15 N.C. Gen. Stat. § 97-48 (c) provides, (c) Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer, unless and until such dependent or dependents prior in right shall…”
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