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BARTELL v. SAWYER

No. COA98-410.

512 S.E.2d 93 (1999)

William BARTELL, Employee, Plaintiff-Appellee, v. Floyd A. SAWYER, Employer, and North Carolina Farm Bureau Mutual Insurance Company, Carrier, Defendant-Appellants.

Court of Appeals of North Carolina.

March 2, 1999.

Attorney(s) appearing for the Case

Darrell B. Cayton, Jr., Washington, for plaintiff-appellee.

Young, Moore & Henderson P.A., by J. Aldean Webster III, Raleigh, for defendant-appellants.

McGEE, Judge.

Defendants appeal from an opinion and award of the North Carolina Industrial Commission (Commission) dated 12 February 1998 denying defendants a pro-rata share of pre-judgment interest recovered by plaintiff in a third party negligence action. The opinion and award of the Commission reversed the third party distribution order entered by a deputy commissioner 26 July 1996.

The Commission found that plaintiff was injured on 16 August 1991, "when...

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