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SMITH v. SEALED AIR CORP.

No. COA96-801.

489 S.E.2d 445 (1997)

Pedro C. SMITH, Plaintiff-Employee, v. SEALED AIR CORPORATION, Defendant-Employer, and Hartford Insurance Company, Defendant-Carrier.

Court of Appeals of North Carolina.

September 2, 1997.

Attorney(s) appearing for the Case

Tamela G. Clayton, Rockingham, for plaintiff-appellee.

Morris York Williams Surles & Brearley, L.L.P. by John F. Morris and Lyndon R. Helton, Charlotte, for defendant-appellant.

JOHN, Judge.

Defendants appeal an Opinion and Award of the North Carolina Industrial Commission (the Commission) granting plaintiff continued benefits for total disability. Defendants contend the Commission erred by "concluding that the job offered to plaintiff-employee by defendants [could] not be considered as evidence of his ability to earn wages." We affirm the Commission.

Pertinent facts and procedural information include the following: plaintiff was...

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