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HICKS v. BROWN SHOE CO.

No. 8210IC368.

306 S.E.2d 543 (1983)

Frank C. HICKS, Administrator of the Estate of Cynthia Kay Phillips Joyner and Parents, Chester and Dorothy Phillips v. BROWN SHOE COMPANY.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiffs-appellees.

Womble, Carlyle, Sandridge & Rice by Keith W. Vaughan, Winston-Salem, for defendant-appellant.

PHILLIPS, Judge.

The defendant brings forward three assignments of error. None have merit.

Under the provisions of G.S. 97-13, the Workers' Compensation Act does not apply "to any person, firm or private corporation that has regularly in service less than four employees in the same business within this State." (Emphasis supplied). Defendant first contends that the Commission's conclusion that the defendant had four or more regular employees in North...

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