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JOHNSON v. SOUTHERN TIRE SALES AND SERVICE

No. COA01-917.

567 S.E.2d 773 (2002)

Willie B. JOHNSON, Employee, Plaintiff-Appellee, v. SOUTHERN TIRE SALES AND SERVICE, Employer, Casualty Reciprocal Exchange, Carrier, Defendant-Appellants.

Court of Appeals of North Carolina.

August 20, 2002.

Attorney(s) appearing for the Case

Schiller Law Firm, L.L.P., by Marvin Schiller and David G. Schiller, Cary, for plaintiff-appellee.

Young Moore and Henderson P.A., by Joe E. Austin, Jr. and Dawn Dillon Raynor, Raleigh, for defendant-appellants.

McGEE, Judge.

Willie B. Johnson (plaintiff) sustained a compensable injury to his back while employed at Southern Tire Sales and Service on 24 October 1996. Plaintiff was using a long iron pry bar while replacing a lower ball joint when the pry bar slipped. Defendants issued a form 63 payment of compensation and did not deny the claim within the 120-day time limitation provided in N.C. Gen.Stat. § 97-18 (1999). Plaintiff continued to work without seeking medical...

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