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GORDON v. CITY OF DURHAM

No. COA02-181.

571 S.E.2d 48 (2002)

James S. GORDON, Employee, Plaintiff, v. CITY OF DURHAM, Employer, SELF-INSURED, Defendant.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Clayton, Myrick, McClanahan & Coulter, PLLC, by Robert D. McClanahan, Durham, for plaintiff-appellee.

Lewis & Roberts, P.L.L.C., by Brian D. Lake and Jeffrey A. Misenheimer, Raleigh, for defendants-appellees.

TYSON, Judge.

The City of Durham ("employer") appeals from the North Carolina Industrial Commission's ("Commission") opinion and award which reversed the opinion of the Deputy Commissioner and granted James Scott Gordon ("plaintiff") workers' compensation benefits. We affirm.

I. Facts

Plaintiff was employed as a firefighter for employer in August of 1997, working as a driver for Engine Company 10. Plaintiff also was self-employed since 1986...

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