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NC General Statutes

N.C. Gen. Stat. § 97-63 (2026)

Period necessary for employee to be exposed

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Compensation shall not be payable for disability or death due to silicosis and/or asbestosis unless the employee shall have been exposed to the inhalation of dust of silica or silicates or asbestos dust in employment for a period of not less than two years in this State, provided no part of such period of two years shall have been more than 10 years prior to the last exposure. (1935, c. 123.)

 

Notes of Decisions
Cited in 7 cases, 1952–2005 · leading case: Walters v. Blair, 462 S.E.2d 232 (N.C. Ct. App. 1995).
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Walters v. Blair, 462 S.E.2d 232 (N.C. Ct. App. 1995). · cites it 22× “” The Commission, however, denied plaintiff’s claim because he was not exposed, as required by N.C. Gen. Stat. § 97-63 , to asbestos dust for a period of at least two years “in North Carolina during the ten years prior to his last exposure.”
Payne v. Charlotte Heating, 616 S.E.2d 356 (N.C. Ct. App. 2005). · cites it 14× “Walters addressed the question whether N.C. Gen. Stat. § 97-63 (1991), “which treats employees with asbestosis and silicosis differently from *504 employees with other occupational diseases,” violated the Equal Protection Clause.”
Jones v. Weyerhaeuser Co., 539 S.E.2d 380 (N.C. Ct. App. 2000). · cites it 4× “In Walters , the plaintiff-employee challenged the constitutionality of N.C. Gen.Stat. § 97-63 (1991), which required claimants suffering from asbestosis or silicosis to have been employed in North Carolina for two years.”
Gosney v. Golden Belt Mfg., 366 S.E.2d 873 (N.C. Ct. App. 1988). · cites it 4× “97-57 provides, in pertinent part, that “when an employee has been exposed to the hazards of asbestosis or silicosis for as much *672 as 30 working days, or parts thereof, within seven consecutive calendar months, such exposure shall be deemed injurious but any less exposure…”
Pitman v. L. M. Carpenter & Assocs., 100 S.E.2d 231 (N.C. 1957). “2d 274 ; and (2) plaintiff’s work in this State must have exposed him to the inhalation of silica dust for a minimum of two years, no part of which two-year period shall be more than ten years prior to his last exposure, G.”
Midkiff v. North Carolina Granite Corp., 69 S.E.2d 166 (N.C. 1952). · cites it 2× “” However, section 1, sub-section (1) of the original act, now codified as G.S. 97-63, contains the following provisions: “Compensation shall not be payable for disability or death due to silicosis and/or asbestosis unless the employee shall have been exposed to the inhalation…”
Hicks v. North Carolina Granite Corp., 95 S.E.2d 506 (N.C. 1956). “In accord with the provisions of the statute, G.S. 97-63, and the decision of this Court in Midkiff v.”
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