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LAKEY v. U.S. AIRWAYS, INC.

No. COA02-244.

573 S.E.2d 703 (2002)

Deborah M. LAKEY, Employee-Plaintiff, v. U.S. AIRWAYS, INC., Employer-Defendant, and Insurance Company of the State of Pennsylvania (Alexsis, Servicing Agent), Carrier-Defendants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Walden & Walden, by Daniel S. Walden, Winston-Salem, for plaintiff-appellee.

Brooks, Stevens & Pope, P.A., by Robert H. Stevens, Jr. and John A. Payne, Cary, for defendants-appellants.

WALKER, Judge.

On 29 May 1992, plaintiff, a flight attendant for defendant U.S. Airways, suffered a back injury when she was hit by a beverage cart during in-flight turbulence. Plaintiff and defendants entered into a Form 21 agreement which was approved by the North Carolina Industrial Commission (Commission) on 2 October 1992. The agreement noted that plaintiff suffered a "Low Back Sprain," that plaintiff's "average weekly wage ... at the time of said injury, including...

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