The North Carolina Court of Appeals ruled Tuesday that a carrier owed benefits to a widow for her late-husband's death from lung cancer, based on the amount he had made during his last year of employment, even though he had been retired for 19 years and had no earning capacity by the time of his diagnosis.
The case was Lipe v. Starr Davis Co., No. COA14-90-2.
Ross Lipe began working for the Starr Davis Co., an insulation contractor, in 1975. He left his job in 1991 due to problems caused by his multiple sclerosis, a nerve condition that was undisputedly unrelated to his employment.
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