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RICE v. CITY OF WINSTON-SALEM

No. COA01-1488.

572 S.E.2d 793 (2002)

Ernest RICE, Employee-Plaintiff, v. CITY OF WINSTON-SALEM, Employer, and Self-Insured, Carrier-Defendant.

Court of Appeals of North Carolina.

December 17, 2002.

Attorney(s) appearing for the Case

J. Kevin Morton, Winston-Salem, for plaintiff-appellee.

Wilson & Iseman, L.L.P., by S. Ranchor Harris, III, Winston-Salem, for defendant-appellant.

WALKER, Judge.

On 7 October 1993, plaintiff suffered a back injury while operating a backhoe. Plaintiff and defendant entered into a Form 21 agreement which was approved by the Industrial Commission (Commission) on 7 December 1993. The agreement noted that, due to the accident, plaintiff suffered a "Lumbar Sacral Strain" and compensation would be paid "continuing for necessary weeks."

Plaintiff attempted to return to work on numerous occasions between 8 October...

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