ORR, Judge.
The sole issue before the Court is whether the plaintiff's complaint should have been dismissed because it conclusively showed plaintiff to be an employee of defendant at the time he was injured and thereby limited his remedy to recovery under the Worker's Compensation Act. We conclude that the trial court erred in dismissing the case.
N.C.G.S. § 97-10.1 provides that if an employee and employer are subject to and have complied with the Worker...
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