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LEFLER v. LEXINGTON CITY SCHOOLS

No. 8110IC1391.

298 S.E.2d 404 (1982)

Doris Jean LEFLER, Employee-Plaintiff, v. LEXINGTON CITY SCHOOLS, Employer, Shelby Mutual Insurance Company, Carrier Defendants.

Court of Appeals of North Carolina.

December 21, 1982.

Attorney(s) appearing for the Case

Stoner, Bowers & Gray by Carl W. Gray, Lexington, for plaintiff-appellant.

Brinkley, Walser, McGirt, Miller & Smith by G. Thompson Miller, Lexington, for defendants-appellees.

WEBB, Judge.

We reverse and remand. The Industrial Commission chose not to believe the testimony of the plaintiff that she slipped while emptying the trash can. They concluded that the plaintiff "accordingly" was not injured in an accident. We are bound by the Industrial Commission's finding of fact as to the slippage by the plaintiff. We do not believe this disposes of the case, however, as there was other evidence of accident upon which the Industrial Commission...

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