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DUNCAN v. NORTH CAROLINA DEPT. OF CRIME CONTROL & PUBLIC SAFETY

No. 9310IC412.

437 S.E.2d 654 (1993)

113 N.C. App. 184

David A. DUNCAN, Employee, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY, Employer, Defendant.

Court of Appeals of North Carolina.

December 21, 1993.

Attorney(s) appearing for the Case

Dallas M. Pounds, Lamberton, for plaintiff-appellee.

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Angelina M. Maletto, Raleigh, for defendant-appellant.

ORR, Judge.

The sole issue on appeal is whether plaintiff was an "employee" as defined in N.C.Gen.Stat. § 97-2(2) (1991) and thus entitled to compensation benefits from defendant under the Workers' Compensation Act. N.C.Gen.Stat. § 97-2(2) provides in pertinent part:

The term "employee" shall include members of the North Carolina national guard, except when called into the service of the United States, and members of the North Carolina State guard...

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