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DEVLIN v. APPLE GOLD, INC.

No. COA01-1389.

570 S.E.2d 257 (2002)

Joseph DEVLIN, Jr., Employee, Plaintiff, v. APPLE GOLD, INC., Employer, and Zenith Insurance Co., Carrier, Defendants.

Court of Appeals of North Carolina.

October 15, 2002.

Attorney(s) appearing for the Case

The Law Office of Leslie O. Wickham, Jr., by Mark H. Woltz, Durham, for plaintiff-appellant.

Morris York Williams Surles & Barringer, LLP, by Kim E. Taylor, Charlotte, for defendant-appellees.

THOMAS, Judge.

Plaintiff, Joseph Devlin, Jr., appeals from an Opinion and Award of the North Carolina Industrial Commission. The Commission found he had regained wage-earning capacity and concluded he had failed to meet his burden of showing continuing disability.

Plaintiff, however, contends his attempt at self-employment is not sufficient to show either that his wage-earning capacity is at pre-injury levels or that he has marketable skills. We reverse and...

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