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FAIRCLOTH v. N.C. DEPT. OF TRANSP.

No. 9110IC1281.

416 S.E.2d 409 (1992)

106 N.C. App. 303

Billy D. FAIRCLOTH v. N.C. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

May 19, 1992.

Attorney(s) appearing for the Case

Popkin and Associates, by Samuel S. Popkin, Jacksonville, for plaintiff, appellant.

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen. William H. Borden, Raleigh, for defendant, appellee.

HEDRICK, Chief Judge.

The order of the full Commission denying plaintiff's claim under the Worker's Compensation Act fails to demonstrate that plaintiff received the review to which he was entitled under G.S. 97-85 and Workers' Compensation Rules of the N.C. Industrial Commission 701 which in pertinent part provides:

(1) A letter expressing an intent to appeal shall be considered notice of appeal to the Full Commission within the meaning of N.C.G.S. 97-85...

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