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WHITLEY v. COLUMBIA LUMBER MFG. CO.

No. 8510IC575.

336 S.E.2d 642 (1985)

Benjamin A. WHITLEY, Employee, v. COLUMBIA LUMBER MFG. CO., Employer, and Indiana Lumbermens Mutual Insurance Company, Insurer.

Court of Appeals of North Carolina.

December 3, 1985.

Attorney(s) appearing for the Case

Charles M. Welling, Charlotte, for plaintiff, appellee.

George C. Collie, Charlotte, for defendants, appellants.

HEDRICK, Chief Judge.

The sole question on this appeal is whether a plaintiff who is totally and permanently disabled due to a 30% permanent partial disability of the left hand and a 75% permanent partial disability of the right hand is entitled to permanent total disability compensation under G.S. 97-29 or to permanent partial disability compensation under G.S. 97-31(12).

The plaintiff cites Fleming v. K-Mart Corp., 312 N.C. 538

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