Mace v. N. C. Spinning Mills
Mace v. N. C. Spinning Mills
Opinion of the Court
By her appeal plaintiff contends that the Commission’s findings that she has a weekly earning capacity of $146.00 are unsupported by evidence and that she is therefore entitled to more compensation than the Commission allowed. By its appeal defendant contends that the Commission’s findings that plaintiffs chronic obstructive lung disease was contributed to by her textile employment and that she is permanently disabled because of it are not supported by competent evidence, and thus no compensation at all is due her. Neither contention has merit and we affirm the Commission’s decision in all respects.
The finding that plaintiff has had an earning capacity of $146.00 per week since leaving defendant’s employment is supported by plaintiff’s own testimony that since that time she has worked as a school bus driver and security guard and that her wages on the security guard job were $3.65 per hour, which com
Defendant’s attack upon the award made to plaintiff rests upon the false premise that no competent evidence was presented that the plaintiff was exposed to cotton dust in her employment for “about ten years,” as the Commission found and as was stated in the hypothetical questions asked Dr. Owens, whose occupational disease and disability opinions are crucial to plaintiff’s case. Though the record shows that during the period from 1955 to 1980 she did not always work in textiles and often changed jobs it also clearly shows that plaintiff worked altogether more than 156 months or 13 years in the textile industry. And while she did not testify as to exactly how much of that time was spent processing cotton it is fairly inferable from her evidence that it was a period of “about ten years.” Thus both the Commission’s finding and Dr. Owens’ expert opinion have evidentiary support and the conclusion based thereon that she has an occupational disease is not erroneous. Booker v. Duke Medical Center, 297 N.C. 458, 256 S.E. 2d 189 (1979). Defendant’s further arguments, likewise without merit, require no discussion.
As to plaintiff’s appeal — affirmed.
As to defendant’s appeal — affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.