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FLETCHER v. DANA CORP.

No. 9310IC1103.

459 S.E.2d 31 (1995)

119 N.C. App. 491

Dennis FLETCHER, Employee/Plaintiff, v. DANA CORPORATION, and Hartford Accident & Indemnity Co., Defendants.

Court of Appeals of North Carolina.

July 18, 1995.

Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by C. Scott Whisnant, for plaintiff-appellee.

Blue, Fellerath, Cloninger & Barbour, P.A. by Frederick S. Barbour, for defendant-appellants.

Smith, Helms, Mulliss & Moore, L.L.P. by Jeri L. Whitfield, George D. Kimberly, Jr., Todd W. Cline, for the North Carolina Textile Mfrs. Ass'n filing brief amicus curiae.

JOHN, Judge.

Defendants appeal an award to plaintiff by the North Carolina Industrial Commission (the Commission) of temporary total disability accrued during the period between 7 November 1989 and 1 April 1991. Defendants contend the Commission erred by basing its determination of disability upon plaintiff's inability to obtain employment during the period in question. We find defendants' argument unpersuasive.

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