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SOUTHERLAND v. B.V. HEDRICK GRAVEL & SAND CO.

No. COA95-581.

472 S.E.2d 216 (1996)

Roger Fred SOUTHERLAND, Employee, Plaintiff, v. B.V. HEDRICK GRAVEL & SAND COMPANY, Employer, and Aetna Casualty & Surety Company, Defendants.

Court of Appeals of North Carolina.

July 2, 1996.

Attorney(s) appearing for the Case

Scott E. Jarvis & Associates by Scott E. Jarvis, Asheville, for plaintiff appellee.

Russell & King, P.A. by Gene Thomas Leicht, Asheville, for defendants appellants.

ARNOLD, Chief Judge.

Appellants first assign error to the Industrial Commission's award of workers' compensation benefits to plaintiff as a misapplication of the law. We agree and vacate the opinion and award.

The central issue in this case is whether the Industrial Commission had jurisdiction over this claim. A jurisdictional question may be raised at any stage of the proceeding. Askew v. Leonard Tire Co., 264 N.C. 168

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