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GAYTON v. GAGE CAROLINA METALS INC.

No. COA 01-234.

560 S.E.2d 870 (2002)

Ruperto GAYTON, Employee-Plaintiff-Appellee, v. GAGE CAROLINA METALS INC., Employer Key Risk Management Services, Inc., Servicing Agent, Defendant-Appellants.

Court of Appeals of North Carolina.

March 19, 2002.

Attorney(s) appearing for the Case

Robert J. Willis, Raleigh, for plaintiff-appellee.

Lewis & Roberts, P.L.L.C., by Timothy S. Riordan and John H. Ruocchio, Raleigh, for defendant-appellants.

North Carolina Justice and Community Development Center, by Carol Brooke, Raleigh, for El Pueblo, Inc., North Carolina Council of Churches Farmworker Ministry Committee, and the North Carolina Chapter of the National Lawyers Guilda, amicus curiae.

McGEE, Judge.

Defendants appeal from the opinion and award of the Industrial Commission which denied their request to terminate workers' compensation benefits awarded to plaintiff Ruperto Gayton. When plaintiff began working for defendant Gage Carolina Metals, Inc., he presented a false social security card and a false resident alien card. Defendant Gage Carolina Metals, Inc. failed to require plaintiff to complete an Employment Eligibility Verification form (I-9...

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