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CLARK v. ITT GRINNELL INDUSTRIAL PIPING INC

No. COA99-246.

539 S.E.2d 369 (2000)

Jimmie CLARK, Employee-Plaintiff-Appellee, v. ITT GRINNELL INDUSTRIAL PIPING, INCORPORATED, Employer-Defendant-Appellant, Liberty Mutual Insurance Company, Carrier-Defendant-Appellant, Cigna Insurance Company, Carrier-Defendant-Appellant.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

The Law Offices of Robin E. Hudson, by Robin E. Hudson and Samuel A. Scudder, Raleigh, for plaintiff-appellee.

Teague, Campbell, Dennis & Gorham, L.L.P., by Thomas M. Clare, Raleigh, for defendant-appellant ITT Grinnell Industrial Piping Inc.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Hatcher Kincheloe, Patrick D. Sarsfield, II, J.A. Gardner, III, and Andrew R. Ussery, Charlotte, for defendant-appellant Liberty Mutual Insurance Company.

Cranfill, Sumner & Hartzog, L.L.P., by Gregory M. Kash, Raleigh, for defendant-appellee Cigna Insurance Company.

Wallace and Graham, P.A., by Mona Lisa Wallace, Salisbury, for the North Carolina Academy of Trial Lawyers, amicus curiae.

Johnston, Allison & Hord, P.A., by James W. Allison, Charlotte, for Carolinas AGC, Inc., amicus curiae.

Parker, Poe, Adams & Bernstein, L.L.P, by Josephine H. Hicks, Charlotte, for North Carolina Citizens for Business and Industry, amicus curiae.

McGEE, Judge.

Pursuant to N.C.Gen.Stat. § 97-86 (Cum. Supp.1998), defendant-employer ITT Grinnell Industrial Piping, Inc. (ITT Grinnell) and defendant-carrier Liberty Mutual Insurance Company (Liberty Mutual) appeal an opinion and award of the North Carolina Industrial Commission (the Commission) entered 23 September 1998. The Commission, in reversing the deputy commissioner's opinion and award entered 15 July 1997...

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