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VERNON v. STEVEN L. MABE BUILDERS

No. 275A93.

444 S.E.2d 191 (1994)

336 N.C. 425

Homer R. VERNON, Employee, Plaintiff, v. STEVEN L. MABE BUILDERS, Employer, and Nationwide Insurance, Carrier, Defendants.

Supreme Court of North Carolina.

June 17, 1994.

Attorney(s) appearing for the Case

Elliot Pishko Gelbin & Morgan, P.A. by J. Griffin Morgan, Winston-Salem, for plaintiff-appellant.

Teague, Campbell, Dennis & Gorham by Thomas M. Clare and Ashley Baker, Raleigh, for defendants-appellees.

Lore & McClearen by R. James Lore; and Patterson, Harkavy & Lawrence by Henry N. Patterson, Jr., and Martha A. Geer, Raleigh, for The North Carolina Academy of Trial Lawyers, amicus curiae.

WHICHARD, Justice.

This is a workers' compensation case. Plaintiff, Homer R. Vernon, sustained injuries to his back while lifting a heavy door in the employment of defendant Steven L. Mabe Builders. Plaintiff signed a Form 26 compensation agreement ("Supplemental Memorandum of Agreement as to Payment of Compensation") for permanent partial disability benefits under N.C.G.S. § 97-31, which agreement was approved by the Industrial Commission ("Commission"); subsequently...

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