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SIMS v. CHARMES/ARBY'S ROAST BEEF

No. COA99-1402.

542 S.E.2d 277 (2001)

Benny SIMS, Plaintiff-Employee, v. CHARMES/ARBY'S ROAST BEEF, Defendant-Employer, and/or North Carolina Self-Insurers Fund, Defendant-Carrier.

Court of Appeals of North Carolina.

February 6, 2001.

Attorney(s) appearing for the Case

David P. Stewart, Madison, for plaintiff.

Teague, Campbell, Dennis & Gorham, L.L.P., by George W. Dennis, III, Linda Stephens, George Pender, and Tracey L. Jones, Raleigh, for defendants.

Lore & McClearen, by R. James Lore; Patterson, Harkavy & Lawrence, L.L.P., by Henry N. Patterson, Jr., and Martha A. Geer, amicus curiae, Raleigh, for the North Carolina Academy of Trial Lawyers.

Lewis & Roberts, by Richard M. Lewis, Timothy S. Riordan and Devin F. Thomas, amicus curiae, Raleigh, for the North Carolina Association of Defense Attorneys.

MARTIN, Judge.

Benny Sims ("plaintiff") injured his back lifting a case of beef while working for Charmes/Arby's Roast Beef (along with North Carolina Self-Insurers Fund, "defendants") on 25 October 1994. Defendants immediately filed Industrial Commission Form 19 and began making temporary disability payments effective the day of plaintiff's injury; thereafter, defendants filed a Form 60 admitting liability and plaintiff's right to compensation. Dr. Richard O'Keeffe...

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