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WATTS v. HEMLOCK HOMES OF HIGHLANDS, INC.

No. COA 02-1229.

584 S.E.2d 97 (2003)

Jimmy Lewis WATTS, Employee, Plaintiff, v. HEMLOCK HOMES OF THE HIGHLANDS, INC., Employer, Builders Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

August 19, 2003.

Attorney(s) appearing for the Case

No brief filed for plaintiff-appellee.

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

HUDSON, Judge.

Plaintiff, Jimmy Lewis Watts, was injured in his employment with defendant Hemlock Homes of the Highlands, Inc. ("Hemlock Homes") on 26 September 1995. On 6 October 1995, defendants executed an IC Form 60, recognizing plaintiff's right to compensation and noting an average weekly wage of $480.00, yielding a compensation rate of $320.01 per week. Defendant began making payments to plaintiff at that rate.

On 4 November 1995, plaintiff returned...

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