An employee who has been compensated under the terms of G.S. 97-61.5(b) as an alternative to forced change of occupation, may, subject to the approval of the Industrial Commission, waive in writing his right to further compensation for any aggravation of his condition that may result from his continuing in an occupation exposing him to the hazards of asbestosis or silicosis, in which case payment of all compensation awarded previous to the date of the waiver as approved by the Industrial Commission shall bar any further claims by the employee, or anyone claiming through him, provided, that in the event of total disablement or death as a result of asbestosis or silicosis with which the employee was so affected, compensation shall nevertheless be payable, but in no case, whether for disability or death or both, for a longer period than 100 weeks in addition to the 104 weeks already paid. Such written waiver must be filed with the Industrial Commission, and the Commission shall keep a record of each waiver, which record shall be open to the inspection of any interested person. (1935, c. 123; 1945, c. 762; 1955, c. 525, s. 2.)
Notes of Decisions
Austin v. Cont'l Gen. Tire, 540 S.E.2d 824 (N.C. Ct. App. 2000).
· cites it 36× “The majority cites N.C. Gen.Stat. § 97-61.7 in support of its holding.”
Clark v. ITT Grinnell Indus. Piping, Inc., 539 S.E.2d 369 (N.C. Ct. App. 2000).
· cites it 5× “However, the Act is to be construed in para materia, and N.C. Gen. Stat. § 97-61.7 (1991) aids in resolving the situation posed by the Moore Court.”
Roberts v. Se. Magnesia & Asbestos Co., 301 S.E.2d 742 (N.C. Ct. App. 1983).
· cites it 2× “effect that the employee has silicosis or asbestosis, it shall by order remove the employee from any occupation which exposes him to the hazards of asbestosis or silicosis, and if the employee thereafter engages in any occupation which exposes him to the hazards of asbestosis or…”
Jones v. Weyerhaeuser Co., 539 S.E.2d 380 (N.C. Ct. App. 2000).
· cites it 2× “effect that the employee has silicosis or asbestosis, it shall by order remove the employee from any occupation which exposes him to the hazards of asbestosis or silicosis, and if the employee thereafter engages in any occupation which exposes him to the hazards of asbestosis or…”
Taylor v. J. P. Stevens & Co., 265 S.E.2d 144 (N.C. 1980).
“97-60 through G.S. 97-61.7 set up a special program which monitors workers at risk of developing these diseases.”
Hicks v. Leviton Mfg. Co., 466 S.E.2d 78 (N.C. Ct. App. 1996).
“5 providing for loss of other benefits “if the employee thereafter engages in any occupation which exposes him to the hazards of asbestosis or silicosis without having obtained the written approval of the Industrial Commission as provided in G.S. 97-61.7” must still apply. Under…”
Pope v. Manville, 690 S.E.2d 558 (N.C. Ct. App. 2010).
· cites it 2× “2d 742, 744 (1983), this Court stated that "[i]t is clear from the language of [ N.C. Gen. Stat. § 97-61.5 (b) and N.C. Gen.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.