§ 97-61.6. Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis. - North Carolina Statutes

§97‑61.6.  Hearing after third examination and report; compensation fordisability and death from asbestosis or silicosis.

After receipt by the employerand employee of the advisory  medical committee's third report, the IndustrialCommission, unless it has approved an agreement between the employee andemployer, shall set a final hearing in the cause, at which it shall receive allcompetent evidence bearing on the cause, and shall make a final disposition ofthe case, determining what compensation, if any, the employee is entitled toreceive in addition to the 104 weeks already received.

Where the incapacity for workresulting from asbestosis or silicosis is found to be total, the employer shallpay, or cause to be paid, to the injured employee during such total disabilitya weekly compensation in accordance with G.S. 97‑29.

When the incapacity for workresulting from asbestosis or silicosis is partial, the employer shall pay, orcause to be paid, to the affected employee, a weekly compensation equal to sixty‑sixand two‑ thirds percent (66 2/3%) of the difference between his averageweekly wages at the time of his last injurious exposure, and the average weeklywages which he is able to earn thereafter, but not more than the amountestablished annually to be effective October 1 as provided in G.S. 97‑29,a week, and provided that the total compensation so paid shall not exceed aperiod of 196 weeks, in addition to the 104 weeks for which the employee hasalready been compensated.

Provided, however, should deathresult from asbestosis or silicosis within two years from the date of lastexposure, or should death result from asbestosis or silicosis, or from asecondary infection or  diseases developing from asbestosis or silicosis within350 weeks from the date of last exposure and while the employee is entitled tocompensation for disablement due to asbestosis or silicosis, either partial ortotal, then in either of these events, the employer shall pay, or cause to bepaid compensation in accordance with G.S. 97‑38.

Provided further that if theemployee has asbestosis or silicosis and dies from any other cause, theemployer shall pay, or cause to be paid by one of the methods set forth in G.S.97‑38 compensation for any remaining portion of the 104 weeks specifiedin G.S. 97‑61.5 for which the employee has not previously been paidcompensation, and in addition shall pay compensation for such number of weeksas the percentage of disability of the employee bears to 196 weeks. If theemployee was totally disabled as a result of asbestosis or silicosis,compensation shall be paid for any remaining portion of the 104 weeks specifiedin G.S. 97‑61.5 for which the employee has not previously been paidcompensation, and in addition shall be paid for an additional 300 weeks. (1935,c. 123; 1945, c. 762; 1955, c. 525, s. 2; c. 1354; 1957, c. 1271; 1963, c. 604,s. 7; 1965, c. 907; 1967, c. 84, s. 8; 1969, c. 143, s. 7; 1971, c. 281, s. 6;c. 631; 1973, c. 515, s. 7; c. 759, s. 6; c. 1308, ss. 6, 7; 1979, c. 246;1981, c. 276, s. 1.)