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SWAIN v. C & N EVANS TRUCKING CO., INC.

No. COA96-764.

484 S.E.2d 845 (1997)

Delbert G. SWAIN, Employee, Plaintiff, v. C & N EVANS TRUCKING CO., INC., Employer, Self-Insured (Associated Risk Management, Servicing Agent), Defendant.

Court of Appeals of North Carolina.

May 20, 1997.

Attorney(s) appearing for the Case

Lennard D. Tucker, Winston-Salem, for employee-plaintiff.

Teague, Campbell, Dennis & Gorham, L.L.P. by Bruce A. Hamilton and Karen K. Prather, Raleigh, for employer-defendant.

GREENE, Judge.

Delbert Swain (plaintiff) appeals from an opinion and award of the North Carolina Industrial Commission (Commission) setting aside a Form 21 Agreement (Agreement) with C & N Evans Trucking Co., Inc. (defendant) and terminating plaintiff's compensation benefits.

On 6 June 1991 plaintiff sustained an injury to his foot by accident arising out of and in the course of his employment with defendant. On 9 June 1991 an Agreement was agreed to by...

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