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Deese v. Lawn and Tree Expert Co.

North Carolina Court of Appeals
Sep 1, 1981
53 N.C. App. 607 (N.C. Ct. App. 1981)

Opinion

No. 8010IC1042

Filed 1 September 1981

APPEAL by plaintiff Bracy Deese, Guardian of Katie Lynn Deese, Stephen Haywood Deese and Christopher Wayne Deese, Minors, from order of North Carolina Industrial Commission entered 15 August 1980. Heard in the Court of Appeals 30 April 1981.

Roberts, Cogburn, and Williams, by James W. Williams, for plaintiff appellant.

Van Winkle, Buck Wall, Starnes and Davis, by Philip J. Smith, for defendant appellees.


This is a proceeding to determine death benefits under the Workers' Compensation Act. After a hearing, Commissioner Robert S. Brown found that on 28 October 1978, Charles W. Deese died as a result of an injury from an accident arising out of and in the course of his employment; that he had a wife and three minor children at the time of his death; that his weekly wages at the time of his death were $265.44; that the parties were subject to the Workers' Compensation Act; and that his widow and three minor children were entitled to total compensation of $176.97 per week. Commissioner Brown awarded compensation of $44.25 per week for 400 weeks to the decedent's widow and $44.25 per week to each of his minor children until he or she reaches 18 years of age. Bracy Deese, guardian for the three minor children, appealed to the Full Commission which affirmed Commissioner Brown's award. The guardian has appealed to this Court.


The question presented by this appeal is identical with the question presented in Chinault v. Pike, filed today by this Court. For the reasons stated in Chinault v. Pike, we affirm the opinion and award of the Industrial Commission.

Affirmed.

Judges HEDRICK and ARNOLD concur.


Summaries of

Deese v. Lawn and Tree Expert Co.

North Carolina Court of Appeals
Sep 1, 1981
53 N.C. App. 607 (N.C. Ct. App. 1981)
Case details for

Deese v. Lawn and Tree Expert Co.

Case Details

Full title:BRENDA H. DEESE, WIDOW; BRACY DEESE, GUARDIAN OF KATIE LYNN DEESE, STEPHEN…

Court:North Carolina Court of Appeals

Date published: Sep 1, 1981

Citations

53 N.C. App. 607 (N.C. Ct. App. 1981)
281 S.E.2d 462

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