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FOSTER v. U.S. AIRWAYS, INC.

No. COA00-1448.

563 S.E.2d 235 (2002)

Kathy FOSTER, Employee-Plaintiff-Appellee v. U.S. AIRWAYS, INC., Employer-Defendant-Appellant, Sedgwick CMS, Administrator-Appellant.

Court of Appeals of North Carolina.

May 7, 2002.

Attorney(s) appearing for the Case

Janet H. Downing, PA by Janet H. Downing, Fayetteville, for plaintiff.

Brooks, Stevens & Pope, P.A. by Michael C. Sigmon and Matthew P. Blake, Cary, for defendant-appellants.

BRYANT, Judge.

Procedural history

On 14 June 1993, plaintiff Kathy Foster was employed as a flight attendant with defendant U.S. Airways, Inc., when she suffered a shoulder and cervical spine strain. Plaintiff's claim was accepted in a Form 21 agreement, which the North Carolina Industrial Commission (Commission) approved on 27 October 1993. The Form 21 stated the defendant would pay benefits of $435.90 per week for the "necessary" number of weeks. On 9...

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