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NORTON v. WASTE MANAGEMENT, INC.

No. COA00-1024.

552 S.E.2d 702 (2001)

Robert NORTON, Jr., Plaintiff, v. WASTE MANAGEMENT, INC., Employer; and CNA Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

October 2, 2001.

Attorney(s) appearing for the Case

The Anderson Law Firm, P.L.L.C., by Richard J. Hollar, Shallotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Maura K. Gavigan and Jennifer S. Jerzak, Raleigh, for defendants-appellants.

WYNN, Judge.

Waste Management and CNA Insurance Company appeal the North Carolina Industrial Commission's decision that Robert D. Norton developed chronic fatigue syndrome and fibromyalgia as a result of injury by accident arising out of and in the course of his employment on 4 April 1995. We uphold the decision.

As a tank truck operator for Waste Management, Mr. Norton collected and transported raw sewage. While pumping sewage from his truck on 4 April 1995...

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