Workers' Compensation — asbestosis — statutory compensation — removal from employment
The decision of the Court of Appeals in a workers' compensation asbestosis case is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that an employee must be "removed" from his employment as a prerequisite to receiving
the 104 weeks of compensation provided by N.C.G.S. § 97-61.5, that an employee who is no longer employed at the time he is diagnosed with asbestosis thus may not proceed with a workers' compensation under this statute, and that N.C.G.S. § 97-64 provides tiff's sole remedy for his alleged asbestos-related disorder.
PER CURIAM.
For the reasons stated in the dissenting opinion by Judge Greene, we reverse the decision of the Court of Appeals and remand this case to that court for further remand to the North Carolina Industrial Commission for proceedings not inconsistent with this opinion and Judge Greene's dissent below.
REVERSED AND REMANDED.
Justice EDMUNDS did not participate in the consideration or decision of this case.