Disablement or death of an employee resulting from an occupational disease described in G.S. 97-53 shall be treated as the happening of an injury by accident within the meaning of the North Carolina Workers' Compensation Act and the procedure and practice and compensation and other benefits provided by said act shall apply in all such cases except as hereinafter otherwise provided. The word "accident," as used in the Workers' Compensation Act, shall not be construed to mean a series of events in employment, of a similar or like nature, occurring regularly, continuously or at frequent intervals in the course of such employment, over extended periods of time, whether such events may or may not be attributable to fault of the employer and disease attributable to such causes shall be compensable only if culminating in an occupational disease mentioned in and compensable under this Article: Provided, however, no compensation shall be payable for asbestosis and/or silicosis as hereinafter defined if the employee, at the time of entering into the employment of the employer by whom compensation would otherwise be payable, falsely represented himself in writing as not having previously been disabled or laid off because of asbestosis or silicosis. (1935, c. 123; 1979, c. 714, s. 2.)
Notes of Decisions
Harrell v. Harriet & Henderson Yarns, 336 S.E.2d 47 (N.C. 1985).
· cites it 28× “It based that holding, in part, upon the fact that the chronic obstructive lung disease component of her pulmonary condition, the only component in her condition linked to cotton dust exposure, resulted not only from occupational exposure but also from other nonoccupational…”
Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981).
· cites it 10× “" Disablement resulting from all occupational diseases (except asbestosis and silicosis) is "equivalent to `disability' as defined in G.S. 97-2(9).”
Peoples v. Cone Mills Corp., 342 S.E.2d 798 (N.C. 1986).
· cites it 6× “" N.C.G.S. § 97-52. Disablement generally means the equivalent of "disability.”
Hansel v. Sherman Textiles, 283 S.E.2d 101 (N.C. 1981).
· cites it 6× “" G.S. 97-52 provides in effect that disablement of an employee resulting from an "occupational disease" described in G.”
Rutledge v. Tultex Corp./Kings Yarn, 301 S.E.2d 359 (N.C. 1983).
· cites it 4× “97-29, 97-54, and 97-2(9); (5) claimant's total incapacity for work results from her occupational disease under G.S. 97-52; and (6) claimant's last injurious exposure to the hazards of her occupational disease were in the employment of defendant Kings Yarn under G.”
Smith v. Am. & Efird Mills, 290 S.E.2d 634 (N.C. 1982).
· cites it 6× “G.S. 97-52. Until that time, the employee has no cause of action and the employer has no liability.”
Hogan v. Cone Mills Corp., 337 S.E.2d 477 (N.C. 1985).
· cites it 3× “N.C.G.S. § 97-52. Until that time the employee has no cause of action and the employer had no liability.”
Wood v. J. P. Stevens & Co., 256 S.E.2d 692 (N.C. 1979).
· cites it 3× “G.S. 97-52. Until that time the employee has no cause of action and the employer had no liability.”
Moore v. Stand. Mineral Co., 469 S.E.2d 594 (N.C. Ct. App. 1996).
· cites it 3× “2d at 698 , and also looked to N.C.G.S. § 97-52 (1991), which provides as follows: [disablement or death of an employee resulting from an occupational disease .”
Tyndall v. Walter Kidde & Co., 403 S.E.2d 548 (N.C. Ct. App. 1991).
· cites it 3× “” N.C.G.S. § 97-52. “Disablement” is defined as the equivalent of “disability.”
Grant v. Burlington Indus., Inc., 335 S.E.2d 327 (N.C. Ct. App. 1985).
· cites it 4× “Until the passage of G.S. 97-52 occupational diseases were not injuries by accident within the meaning of the Workers' Compensation Act.”
Whitley v. Columbia Lumber Mfg. Co., 348 S.E.2d 336 (N.C. 1986).
· cites it 2× “2d 47 (1985), we instructed the Commission on the proper disposition of the case on remand as follows: [T]he Industrial Commission, on remand of this case, may find that claimant had a disability resulting from an occupational disease and make an award under G.S. 97-52 and…”
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