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BOSTICK v. KINSTON NEUSE CORP.

No. COA00-729.

549 S.E.2d 558 (2001)

Jerome R. BOSTICK, Employee, Plaintiff, v. KINSTON NEUSE CORPORATION, Employer, Self-Insured/Key Risk Management Services, Carrier, Defendants.

Court of Appeals of North Carolina.

July 17, 2001.

Attorney(s) appearing for the Case

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

Lewis & Roberts, P.L.L.C., by Winston L. Page, Jr., Raleigh, for defendant-appellees.

HUDSON, Judge.

Plaintiff appeals an Opinion and Award of the North Carolina Industrial Commission (the Commission) denying his request for temporary total disability benefits and determining that his left elbow problems are not causally related to his compensable right elbow problems. We determine that in this case the Commission did not properly apply the presumption of plaintiff's ongoing disability, which arose from a Form 21 agreement to pay compensation for ...

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