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HENSLEY v. CASWELL ACTION COMMITTEE, INC.

No. 7717IC326.

241 S.E.2d 852 (1978)

Alex HENSLEY, father, Christine A. Hensley, mother, Alex Hensley, guardian ad litem for Cynthia Gayle Hensley, sister, and Christopher David Hensley, brother of Dale Briscoe Hensley, Deceased, Employee, Plaintiffs, v. CASWELL ACTION COMMITTEE, INC., Employer, Maryland Casualty Company, Carrier, Defendants.

Court of Appeals of North Carolina.

March 7, 1978.

Attorney(s) appearing for the Case

Blackwell & Farmer by R. Lee Farmer, Yanceyville, for plaintiffs-appellees.

Teague, Johnson, Patterson, Dilthey & Clay by I. Edward Johnson, Raleigh, for defendants-appellants.

ARNOLD, Judge.

The first order of the Full Commission of the Industrial Commission regarding this case directed that it be placed on the docket for rehearing. Defendants argue that Deputy Commissioner Denson erred at this rehearing in refusing to allow defendants to offer additional evidence on the question of compensability. We cannot agree. The order of 13 May 1976, stated:

"Defendants say and contend that the Hearing Commissioner erred in finding as a...

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