FLEMING v. K-MART CORP.

No. 241PA84.

324 S.E.2d 214 (1985)

312 N.C. 538

Fred FLEMING, Employee, Plaintiff, v. K-MART CORPORATION, Employer, Defendant, Self-Insured.

Supreme Court of North Carolina.

January 8, 1985.


Attorney(s) appearing for the Case

Walker, Palmer & Miller by George J. Miller, Charlotte, for plaintiff.

Hedrick, Eatman, Gardner, Feerick & Kincheloe by John F. Morris and Edward L. Eatman, Jr., Charlotte, for defendant.


MARTIN, Justice.

The sole issue before us is whether the Court of Appeals erred by affirming the Industrial Commission's opinion and award which found that plaintiff is permanently and totally disabled and therefore entitled to compensation under N.C.G.S. 97-29. In relevant part, N.C.G.S. 97-29 provides:

Except as hereinafter otherwise provided, where the incapacity for work resulting from the injury is total, the employer shall pay or cause to be paid, as...

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