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COLLINS v. GARBER

No. 8410IC156.

325 S.E.2d 21 (1985)

Lawrence COLLINS, Employee, v. David L. GARBER, Alleged Employer; Transamerica Insurance Company, Alleged Carrier; and/or Paul E. Bleile Company, Alleged Employer; State Automobile Insurance Company, Alleged Carrier.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Tate, Young, Morphis, Bogle, Bach & Farthing by Edwin G. Farthing, Hickory, for defendant-appellant.

Teague, Campbell, Conely & Dennis by C. Woodrow Teague and Dayle A. Flammia, Raleigh, for defendants-appellees.

JOHNSON, Judge.

The issue confronting us is not whether plaintiff's injury is compensable, for all parties have stipulated that it is. The issue lies as to which defendant is to pay the compensation, the contractor and its insurer or the subcontractor and its insurer. Deputy Commissioner Sellers and the Full Commission have rendered decisions ordering the subcontractor Garber and its insurer Transamerica to pay the compensation. Transamerica, who did not appear at...

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