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CUMMINS v. BCCI CONST. ENTERPRISES

No. COA00-1385.

560 S.E.2d 369 (2002)

William CUMMINS, Employee-Plaintiff-Appellee, v. BCCI CONSTRUCTION ENTERPRISES, Employer, and Michigan Mutual Insurance Company (Amerisure), Carrier, Defendants-Appellants.

Court of Appeals of North Carolina.

March 5, 2002.

Attorney(s) appearing for the Case

Tania L. Leon, P.A., by Tania L. Leon, Charlotte, for plaintiff-appellee.

Mark D. Gustafson, Charlotte, for defendants-appellants.

BRYANT, Judge.

Plaintiff William Cummins injured his back in August 1995 while setting steel columns for his employer, BCCI Construction. Plaintiff sought treatment and later attempted to return to work on a trial basis. He was unable to do so because of pain. In November 1995, plaintiff hurt his back again while raking leaves. A CT and myelogram revealed a herniated disk. Plaintiff underwent surgery performed by Dr. Samuel Chewning of the Miller Orthopaedic Clinic...

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