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Limpkins v. Mills

Filed: April 6, 1982.

JUNIOR C. LIMPKINS, EMPLOYEE
v.
FIELDCREST MILLS, EMPLOYER, SELF-INSURED



Appeal by plaintiff from the North Carolina Industrial Commission. Opinion and Award entered 24 February 1981. Heard in the Court of Appeals 11 February 1982.

Hill, Judge. Judge Becton concurs. Judge Hedrick concurs in the result.

Hill

The deputy commissioner made the following findings of fact:

1. Plaintiff was born on October 16, 1921 and finished the seventh grade in school. He went to work for Fieldcrest Mills in 1952. When plaintiff first went to work for Fieldcrest Mills he was employed in the weave department where he worked as a weaver and loom cleaner until 1963 and thereafter worked intermittently in both the weave room and inspection department until 1965. From 1965 until the plaintiff retired in 1978 he worked in the inspection area as a cloth checker.

2. During the first years of employment the mill processed cotton material but in the latter years (four or five) before retirement cotton blends and synthetics were processed. In 1975 polyester and rayon were processed. The cloth which would come to the plaintiff for inspection had been washed, dyed, and woven. There was a small amount of dust involved. . . .

3. In the weave room the cotton dust and lint were thick. As a weaver and loom cleaner plaintiff was constantly exposed to cotton dust. The dust would be particularly bad as the looms were being blown off.

4. Plaintiff began experiencing breathing problems consisting of cough and shortness of breath four or five years

before his retirement from his employment. He would notice that his breathing problems would improve when he was away from work either on weekends but would return when he returned to work and was again exposed to the dust and lint. Plaintiff was advised by medical doctors to get out of an environment where there was dust present. Plaintiff stopped working in March of 1978.

5. Since leaving the mill plaintiff has worked part-time as a security person.

6. Plaintiff smoked a pack of cigarettes a day for approximately 25 years until 1979. At that time plaintiff stopped smoking for a short while. He now smokes no more than a pack and a half a month.

7. Dr. Herbert O. Sieker, a member of the Commission's Occupational Disease Panel, examined the plaintiff on February 27, 1979 and reported in part as follows:

Impressions: 1. Chronic obstructive ...


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