Midkiff v. North Carolina Granite Corp.

• Decision Date: 27 February 1952
• Docket Number: No. 17,17
• Citation: 69 S.E.2d 166,235 N.C. 149
• Parties: MIDKIFF, v. NORTH CAROLINA GRANITE CORPORATION.
• Court: North Carolina Supreme Court

Page 166

69 S.E.2d 166

235 N.C. 149

MIDKIFF, v. NORTH CAROLINA GRANITE CORPORATION.

No. 17

Supreme Court of North Carolina.

Feb. 27, 1952

Woltz & Barber and Folger & Folger, all of Mount Airy, for appellant.

J. H. Blalock, Pilot Mountain, for appellee.

DENNY, Justice.

The sole question for decision is whether an employee is entitled to compensation under the provisions of G.S. § 97-61, which provides for compensation for an employee not actually disabled but found to be affected by silicosis, when such employee has not been exposed to inhalation of dust of silica or silicates for as much as two years in this State, within ten years prior to his last exposure.

This precise question has not been presented heretofore for our consideration and determination. And we know of no decision from any other jurisdiction where statutory provisions similar to those involved herein have been construed. We have been unable to find such a decision and counsel for the respective parties cited none in their briefs. This necessitates a construction of the statutory provisions involved.

In construing a statute, it is the duty of the Court to find the legislative intent. Mullen v. Louisburg, 225 N.C. 53, 33 S.E.2d 484. 'The heart of a statute is the intention of the lawmaking body.' Branch Banking & Trust Co. v. Hood, 206 N.C. 268, 173 S.E. 601, 602; Dyer v. Dyer, 212 N.C. 620, 194 S.E. 278.

Our statute, with respect to occupational diseases, was enacted by the General Assembly in 1935, Chapter 122, now codified as G.S. § 97-52 through G.S. § 97-76. Section 1, sub-section (j) of the original act, as amended, now codified as G.S. § 97-61, reads in pertinent part as follows: 'Where an employee, though not actually disabled, is found by the industrial commission to be affected by asbestosis and/or silicosis, and it is also found by the Industrial Commission that such employee would be benefited by being taken out of his employment and that such disease with such employee has progressed to such a degree as to make it hazardous for him to continue in his employment and is in consequence removed therefrom by order of the Industrial Commission, or where an employee affected by asbestosis and/or silicosis as hereinbefore set forth is unable to secure employment by reason of such disease; he shall be paid compensation as for temporary total or partial disability, as the case may be, until he can obtain employment in some other occupation in which there are no hazards of such occupational disease: Provided, however, compensation in no such case shall be paid for a longer period than twenty weeks to an employee without dependents, nor for a longer period than forty weeks to an employee with dependents * * *.'

Section 1, sub-section (k) of the original act, codified as G.S. § 97-62, defines silicosis as 'the characteristic fibrotic condition of the lungs caused by the inhalation of dust of silica or silicates.' However, section 1, sub-section (1) of the original act, now codified as G.S. § 97-63, contains the following provisions: 'Compensation shall not be payable for disability or death due to silicosis and/or asbestosis unless the employee shall have been exposed to the inhalation of dust of silica or...