NC General Statutes

N.C. Gen. Stat. § 97-64 (2026)

General provisions of act to control as regards benefits

✓ current as of July 2026

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Except as herein otherwise provided, in case of disablement or death from silicosis and/or asbestosis, compensation shall be payable in accordance with the provisions of the North Carolina Workers' Compensation Act. (1935, c. 123; 1979, c. 714, s. 2.)

Notes of Decisions

Cited in 10 cases, 1948–2010 · leading case: Austin v. Cont'l Gen. Tire, 540 S.E.2d 824 (N.C. Ct. App. 2000).

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Austin v. Cont'l Gen. Tire, 540 S.E.2d 824 (N.C. Ct. App. 2000). · cites it 24× “§ 97-64 (1991), which provides: Except as herein otherwise provided, in case of disablement or death from silicosis and/or asbestosis, compensation shall be payable in accordance with the provisions of the North Carolina Workers' Compensation Act. The exceptions to which…”

Abernathy v. Sandoz Chemicals/Clariant Corp., 565 S.E.2d 218 (N.C. Ct. App. 2002). · cites it 14× “Judge Greene stated that G.S. § 97-64 provides the sole remedy for the plaintiffs asbestos related illness.”

Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). · cites it 6× “N.C.G.S. § 97-64 ("compensation" is paid for silicosis and asbestosis under this Act).”

Pope v. Manville, 700 S.E.2d 22 (N.C. Ct. App. 2010). · cites it 14× “Although the General Assembly enacted a specific definition of “disability” for use in evaluating asbestosis claims, N.C. Gen. Stat. § 97-64 (2009) explicitly provides that the calculation of the amount of disability compensation awarded in cases involving asbestosis should be…”

Clark v. ITT Grinnell Indus. Piping, Inc., 539 S.E.2d 369 (N.C. Ct. App. 2000). · cites it 5× “§ 97-64 (1991), which provides: Except as herein otherwise provided, in case of disablement or death from silicosis and/or asbestosis, compensation shall be payable in accordance with the provisions of the North Carolina Workers’ Compensation Act.”

Austin v. Cont'l Gen. Tire, 648 S.E.2d 570 (N.C. Ct. App. 2007). · cites it 17× “Following a hearing in June, 2004, the Deputy Commissioner issued an Opinion and Award on 16 December 2004, from which defendant appealed.”

Young v. . Whitehall Co., 49 S.E.2d 797 (N.C. 1948). “G. S., 97-64. Moreover, it is clearly implicit in the special provisions relating to asbestosis and silicosis that the lawmaking body did not contemplate that a worker suffering disablement by asbestosis or silicosis within the meaning of G.”

Silva v. Lowe's Home Improvement, 676 S.E.2d 604 (N.C. Ct. App. 2009). · cites it 3× “The Commission remanded to the deputy commissioner for an evidentiary hearing on the issue of the plaintiff’s disability and, on appeal of the Commission’s subsequent Opinion and Award, we held that its actions did not violate the Supreme Court’s remand order, that the…”

Brinkley v. United Feldspar & Minerals Corp., 97 S.E.2d 419 (N.C. 1957). “Even so, if within two years from the time of his last exposure to silica dust he becomes actually incapacitated to perform normal labor in his last occupation in which remuneratively employed, he will be entitled to receive ordinary compensation under the general provisions of…”

Pope v. Manville, 690 S.E.2d 558 (N.C. Ct. App. 2010). “] § 97-64 when a former employee is diagnosed with asbestosis some time after his removal from the employment, the only statutory provision which may in fairness be used is the method recited above.”

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