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FOWLER v. B.E. & K. CONST. INC.

No. 8810IC272.

373 S.E.2d 878 (1988)

James C. FOWLER, Employee, Plaintiff v. B.E. & K. CONSTRUCTION, INC., Employer and United States Fidelity & Guaranty Co., Carrier, Defendants.

Court of Appeals of North Carolina.

December 6, 1988.

Attorney(s) appearing for the Case

Michael W. Willis, Whiteville, for plaintiff-appellant.

John F. Crossley & Associates by Douglas F. McIntosh, Wilmington, for defendants-appellees.

PHILLIPS, Judge.

Without considering whether Dr. Glinski's testimony as to the worker having a general bodily disability due to his musculoskeletal injuries was competent, we hold that the testimony is irrelevant to the appeal for the reason that in the proceedings below no issue as to Fowler having a general bodily disability was raised. The proceeding below was initiated, conducted and reviewed to determine only whether Fowler's bruised kidney was permanently injured...

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