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BRITT v. DEPT. OF CRIME CONTROL & PUBLIC SAFETY

No. 9110IC1267.

425 S.E.2d 11 (1993)

108 N.C. App. 777

Edgar L. BRITT, Employee, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY, Employer, Self-Insured, Defendant.

Court of Appeals of North Carolina.

February 2, 1993.

Attorney(s) appearing for the Case

Bruce & Bryant, P.A. by R. Michael Bruce, Goldsboro, for plaintiff-appellee.

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

EAGLES, Judge.

Defendant argues that the Industrial Commission erred by finding that plaintiff was an "employee" under the Workers' Compensation Act. G.S. 97-1 et seq. We disagree and affirm.

The second sentence of G.S. 97-2(2) provides:

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, and members of these...

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