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DOCKERY v. McMILLAN

No. 8610IC970.

355 S.E.2d 153 (1987)

Maxine DOCKERY, Widow Rex Dockery, Deceased, Employee, Plaintiff, v. Robert B. McMILLAN, d/b/a McMillan Homes, Incorporated, Employer; Non-Insured, and/or Randy Dockery, Employer; Non-Insured, Defendants.

Court of Appeals of North Carolina.

May 5, 1987.

Attorney(s) appearing for the Case

Don H. Bumgardner, Harris, Bumgardner & Carpenter, Gastonia, for employee, plaintiff.

Essex, Richards & Morris by B. Garrison Ballenger, Jr., Charlotte, for employer, defendant Robert B. McMillan, d/b/a McMillan Homes, Inc.

COZORT, Judge.

Plaintiff appeals the Commission's Opinion and Award, filed 27 May 1986, adopting Deputy Commissioner Sellers' 27 January 1986 Opinion and Award, finding that Rex Dockery was not an employee within the meaning of N.C.G.S. § 97-2(2) but was a "mere volunteer." Commissioner Charles A. Clay dissented. We reverse.

Robert G. McMillan, president of McMillan Homes, Inc., as general contractor for the construction of a residence at 4105 Columbine...

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