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ESTES v. NORTH CAROLINA STATE UNIVERSITY

No. 8710IC558.

365 S.E.2d 160 (1988)

Amos A. ESTES v. NORTH CAROLINA STATE UNIVERSITY.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by George W. Lennon of Monroe, Wyne, Atkins & Lennon, Raleigh, for the State.

Gene Collinson Smith, Raleigh, for plaintiff-appellee.

EAGLES, Judge.

The State contends that plaintiff made an election of remedies in choosing to receive payment for his accumulated sick and vacation leave in lieu of workers' compensation benefits and that the Commission erred in awarding plaintiff workers' compensation disability benefits. We disagree.

G.S. 97-6 provides that:

[n]o contract or agreement, written or implied, no rule, regulation, or other device shall in any manner operate to relieve...

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