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DESKINS v. ITHACA INDUSTRIES, INC.

No. COA97-1567.

509 S.E.2d 232 (1998)

Shelby J. DESKINS, Employee-Plaintiff, v. ITHACA INDUSTRIES, INC., Employer-Defendant, The Hartford Accident & Indemnity Insurance Company, Carrier-Defendant.

Court of Appeals of North Carolina.

December 29, 1998.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiff-appellant.

Tuggle Duggins & Meschan, P.A., by J. Reed Johnston, Jr., Greensboro, for defendants-appellees.

TIMMONS-GOODSON, Judge.

Shelby J. Deskins ("plaintiff") appeals from an opinion and award of the North Carolina Industrial Commission ("the Commission") suspending her workers' compensation benefits based upon its finding that she refused to cooperate with vocational rehabilitation procedures. Based upon the analysis that follows, we affirm in part, reverse in part and remand.

At the time of the hearing, plaintiff was 53 years of age, had a high school education...

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