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NO. COA97-1123 NORTH CAROLINA COURT OF APPEALS Filed: 4 August 1998

CAROLYN S. SHAW, Individually, as Administratrix of the Estate of FRANKLIN NEAL SHAW, and as Guardian ad Litem for Justin Neal Shaw and Benjamin Tyler Shaw, Minor Children of FRANKLIN NEAL SHAW, Deceased Employee, Plaintiff v. SMITH & JENNINGS, INC., Self-Insured Employer, RISCORP, Servicing Agent, Defendant Appeal by defendant from an opinion and award entered 12 June 1997 by the North Carolina Industrial Commission. Court of Appeals 19 May 1998. Ben Farmer for plaintiff-appellee. Lewis & Roberts, P.L.L.C., by Richard M. Lewis and M. Reid Acree, Jr., for defendant-appellant. WALKER, Judge. Plaintiff is the widow of Franklin Neal Shaw (the decedent), who was found dead in his motor vehicle after it was involved in a one-vehicle accident on 2 November 1993. She instituted this claim before the North Carolina Industrial Commission on 16 August 1994 to recover death benefits under the North Carolina Workers' Heard in the

Compensation Act (the Act).

Following a hearing, the deputy

commissioner issued an opinion and award on 17 October 1996 in which she found that the decedent had "sustained a fatal injury by accident arising out of and in the course of his employment," and

awarded death benefits to plaintiff and her two minor children pursuant to N.C. Gen. Stat.

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