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MARTIN v. PIEDMONT ASPHALT & PAVING

No. 6PA94.

448 S.E.2d 380 (1994)

337 N.C. 785

William D. MARTIN, Employee-Plaintiff, Respondent, v. PIEDMONT ASPHALT & PAVING, Employer-Defendant, and The PMA Group, Carrier-Defendant, Petitioners.

Supreme Court of North Carolina.

October 6, 1994.

Attorney(s) appearing for the Case

Walden & Walden by Daniel S. Walden and Margaret D. Walden, Winston-Salem, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe by Mel J. Garofalo and Paige E. Williams, Charlotte, for defendants-appellants Piedmont Asphalt & Paving Company and The PMA Group.

Michael F. Easley, Atty. Gen., by Elisha H. Bunting, Jr., Sp. Deputy Atty. Gen., for the intervenor defendant-appellant North Carolina Industrial Com'n.

Bailey and Dixon by J. Ruffin Bailey, David M. Britt and Alan J. Miles, Raleigh, for the American Ins. Ass'n, amicus curiae.

Maupin Taylor Ellis & Adams, P.A. by Richard M. Lewis and Julie A. Alagna, Raleigh, for the North Carolina Ass'n of Defense Attorneys, amicus curiae.

Cranfill, Sumner & Hartzog, L.L.P. by Edward C. LeCarpentier, III, Raleigh, for the North Carolina Ass'n of Self-Insurers, amicus curiae.

PER CURIAM.

Plaintiff William D. Martin suffered an injury by accident on 13 September 1989 while working for the defendant Piedmont Asphalt & Paving Company. The parties executed an "Industrial Commission Form 21 Agreement for Compensation for Disability" which was approved by the North Carolina Industrial Commission on 1 November 1989. Defendant insurance carrier, The PMA Group, filed an "Industrial Commission Form 24 Application to Stop Payment of Compensation...

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