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McCOWN v. HINES

No. COA99-1120.

537 S.E.2d 242 (2000)

Tammy Lynn McCOWN, Administratrix of the Estate of James Robert McCown, Deceased Employee, Plaintiff, v. Curtis HINES, Employer, Defendant, and Mike Hines d/b/a Mike Hines Heating and Air Conditioning, Employer, and N.C. Home Builders Self-Insured Fund, Inc., Defendants.

Court of Appeals of North Carolina.

November 7, 2000.

Attorney(s) appearing for the Case

The Jernigan Law Firm, by Leonard T. Jernigan, Jr. and Tivey E. Clark, Raleigh and Wilkins & Wellons, by Allen Wellons, Smithfield, for the plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Susan K. Burkhart, Raleigh, for the defendant-appellants.

LEWIS, Judge.

Defendants Mike Hines d/b/a Mike Hines Heating and Air Conditioning and N.C. Home Builders Self-Insured Fund, Inc. appeal from an Opinion and Award of the North Carolina Industrial Commission granting plaintiff James Robert McCown permanent and total disability compensation. Defendants contend the Commission erred in (1) classifying plaintiff as an employee rather than an independent contractor, and (2) setting plaintiff's average weekly wage at $400...

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