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VANDIFORD v. STEWART EQUIPMENT CO.

No. 8910IC930.

391 S.E.2d 193 (1990)

98 N.C. App. 458

Joseph D. VANDIFORD, III, Employee; Plaintiff, v. STEWART EQUIPMENT COMPANY, Employer; Utica Mutual Insurance Company, Carrier; Defendants.

Court of Appeals of North Carolina.

May 15, 1990.

Attorney(s) appearing for the Case

Barker, Dunn & Mills by James C. Mills, New Bern, for plaintiff-appellee.

Wallace, Morris, Barwick & Rochelle, P.A. by David R. Duke, Kingston, for defendants-appellants.

LEWIS, Judge.

The issue before this Court is whether plaintiff's injury and disability from his October, 1984 accident arose out of or was in the course of his employment. For these injuries to be compensable, they must result from an injury by accident arising out of and in the course of employment. Barham v. Food World, Inc., 300 N.C. 329, 332, 266 S.E.2d 676, 678 reh'ing denied, 300 N.C. 562

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