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McCOWN v. HINES

No. 554A00.

549 S.E.2d 175 (2001)

353 N.C. 683

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

Supreme Court of North Carolina.

July 20, 2001.

Attorney(s) appearing for the Case

The Jernigan Law Firm, by Leonard T. Jernigan, Jr., and N. Victor Farah, Raleigh; and Wilkins and Wellons, by Allen Wellons, Smithfield, for plaintiff-appellant.

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

PARKER, Justice.

The issue before this Court is whether the Court of Appeals erred in holding that James Robert McCown ("plaintiff")1 was an independent contractor and in reversing the Industrial Commission's ("Commission") determination that plaintiff was an employee entitled to workers' compensation benefits.

In March 1997 plaintiff filed a claim for workers' compensation benefits for an injury received while re-roofing a house...

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