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SMITH v. AMERICAN AND EFIRD MILLS

No. 8010IC965.

277 S.E.2d 83 (1981)

Spurgeon W. SMITH, Employee, Plaintiff, v. AMERICAN AND EFIRD MILLS, Employer, and Aetna Life & Casualty Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

April 21, 1981.

Attorney(s) appearing for the Case

Hassell & Hudson by Charles R. Hassell, Jr. and R. James Lore, Raleigh, for plaintiff-appellant.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by J. A. Gardner, III, Charlotte, for defendant-appellee.

CLARK, Judge.

This case presents us with the question of what compensation an employee may recover under the Worker's Compensation Act [the Act] for disability due to an occupational disease which at its inception was only partially debilitating, but which developed over time into a totally disabling condition. The employer argues that there is no evidence that the employee's condition progressed from partial disability...

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