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MAYHEW v. HOWELL

No. 9010IC548.

401 S.E.2d 831 (1991)

Roger Steven MAYHEW, Employee-Plaintiff, v. Charles Jerry HOWELL and Ronnie C. Craven, Non-insured Employer, and/or Ryan Homes, Inc., Employer and Home Indemnity Company, Carrier, Defendants.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Harkey, Fletcher, Lambeth and Nystrom by Philip D. Lambeth, Charlotte, for employee-plaintiff.

Hedrick, Eatman, Gardner & Kincheloe by Mika Z. Savir, Charlotte, for carrier-defendants.

ORR, Judge.

Plaintiff contends that the Full Commission erred in affirming and adopting the opinion and award of the Deputy Commissioner who concluded that N.C.Gen.Stat. § 97-19 (Supp.1990) does not apply in this case. For the reasons set forth below, we disagree and affirm the opinion and award of the Full Commission.

"The well-established rule concerning the role of the appellate court in reviewing an appeal from the Industrial Commission is that the...

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