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ALLEN v. K-MART

No. COA99-48.

528 S.E.2d 60 (2000)

Wendy H. ALLEN, Employee, Plaintiff, v. K-MART, Employer; Self-Insured (KM Administrative Services), Carrier, Defendants.

Court of Appeals of North Carolina.

April 4, 2000.

Attorney(s) appearing for the Case

Law Offices of George W. Lennon, by George W. Lennon and Michael W. Ballance, Raleigh, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Patrick H. Flanagan, Raleigh, for defendant-appellants.

HUNTER, Judge.

K-Mart and KM Administrative Services (collectively "defendants") appeal from an amended opinion and award of the North Carolina Industrial Commission ("Commission"), awarding Wendy H. Allen ("plaintiff") workers' compensation benefits for her fibromyalgia. Because we conclude that the Commission denied defendants their right to cross-examine plaintiff's independent medical examiners upon which the Commission based its decision and denied defendants...

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