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BAILEY v. SMOKY MOUNTAIN ENTERPRISES, INC.

No. 8210IC1248.

308 S.E.2d 489 (1983)

Wade BAILEY, Employee-Plaintiff, v. SMOKY MOUNTAIN ENTERPRISES, INC., Employer-Defendant, and Shelby Mutual Insurance Company, Carrier-Defendant.

Court of Appeals of North Carolina.

November 15, 1983.

Attorney(s) appearing for the Case

Brock, Begley & Drye by Michael W. Drye, Asheville, for plaintiff-appellee.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Martha W. Surles, Charlotte, for defendants-appellants.

ARNOLD, Judge.

Defendants contend that the Full Commission's decision awarding plaintiff compensation for a 20% disability stemming from his second back injury after having previously compensated plaintiff for a 15% rating for a similar injury amounts to a double recovery. It is alleged that the most plaintiff is entitled to is compensation for a 5% permanent partial disability of his back, that figure representing the difference between

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