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SWANEY v. GEORGE NEWTON CONSTRUCTION COMPANY

No. 6810IC331.

169 S.E.2d 90 (1969)

5 N.C. App. 520

Dewey C. SWANEY v. GEORGE NEWTON CONSTRUCTION COMPANY, Employer; United States Casualty Company, Carrier.

Court of Appeals of North Carolina.

August 13, 1969.

Attorney(s) appearing for the Case

Clark & Huffman, by Richard Clark, Monroe, and McLendon, Brimm, Brooks, Pierce & Daniels, by Hubert Humphrey, Greensboro, for plaintiff appellant.

Teague, Johnson, Patterson, Dilthey & Clay, by C. Woodrow Teague and G. S. Patterson, Jr., Raleigh, for defendant appellees.

FRANK M. PARKER, Judge.

By appropriate assignments of error appellant challenges the order of the Industrial Commission which authorized reduction in the amount of the workmen's compensation benefits payable to him and the conclusions of law upon which that order was based. In the opinion and award made by the Chairman of the Industrial Commission, which were adopted with modification by the full Commission, the Chairman had concluded as a matter of law that "(u)nder...

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