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HENDRICKS v. HILL REALTY GROUP, INC.

No. COA98-406.

509 S.E.2d 801 (1998)

Mary HENDRICKS (Deceased), Douglas Hendricks (Husband), Douglas Tye Hendricks (Son), Employee, Plaintiffs, v. HILL REALTY GROUP, INC., Employer, Self-Insured (Key Risk Management Services, Inc.), Servicing Agent, Defendant.

Court of Appeals of North Carolina.

December 29, 1998.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Stephen J. Grabenstein, Asheville, for plaintiffs-appellees.

Russell & King, P.A. by Gene Thomas Leicht, Asheville, for defendant-appellant.

WALKER, Judge.

Mary Hendricks, the decedent, was employed as a real estate agent by Hill Realty Group (Hill) who maintained workers' compensation insurance for its agents. On 23 April 1994, Mrs. Hendricks sustained an injury in the course of her employment, which resulted in her death and Hill assumed liability for the injury. Mrs. Hendricks had worked for Hill since April 1992, and her earnings were based solely on commissions.

Hill began making death benefit...

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