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CHOATE v. SARA LEE PRODUCTS

No. COA98-397.

514 S.E.2d 529 (1999)

Wanda J. CHOATE, Employee, Plaintiff, v. SARA LEE PRODUCTS, Employer; Self/Constitution State Services, Carrier; Defendants.

Court of Appeals of North Carolina.

April 20, 1999.

Attorney(s) appearing for the Case

Donaldson & Black, P.A., by Jay A. Gervasi, Jr., Greensboro, for plaintiff-appellant.

Orbock Bowden Ruark & Dillard, PC, by Barbara E. Ruark, Greensboro, for defendant-appellees.

HUNTER, Judge.

Wanda J. Choate (plaintiff) appeals from the Opinion and Award of the North Carolina Industrial Commission (Commission) which denied plaintiff's claim for benefits under the North Carolina Workers' Compensation Act (Act). The Commission found as a fact that plaintiff fell in the employer's parking lot on 27 January 1994. The issue on appeal is whether that fall arose out of and during the course of plaintiff's employment.

Evidence before the...

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