JOHNSON v. HERBIE'S PLACE

No. COA02-298.

579 S.E.2d 110 (2003)

Michael JOHNSON, Employee-Plaintiff v. HERBIE'S PLACE, Employer, Uninsured, Defendant, North Carolina Industrial Commission, Agency of the State of North Carolina, Plaintiff, v. Herbie's Place, L.L.C., and Bill Kennedy, Individually, Defendants.

Court of Appeals of North Carolina.

April 15, 2003.


Attorney(s) appearing for the Case

Hodgman and Oxner by Todd P. Oxner, Greensboro, for plaintiff-appellee Michael Johnson.

Attorney General Roy Cooper by Assistant Attorney General Tina Lloyd Hlabse and Assistant Attorney General Adrian Phillips, for the State.

Smith, James, Rowlett & Cohen, L.L.P. by Norman B. Smith, Greensboro, for defendant-appellant.


LEVINSON, Judge.

This appeal arises from two consolidated actions: (1) a workers' compensation claim filed by plaintiff Michael Johnson, and (2) a petition for assessment of administrative penalty filed by the Industrial Commission against defendants (Herbie's Place, L.L.C., and Bill Kennedy, individually), plaintiff's employer. Defendants appeal both the award of disability benefits to plaintiff and the assessment of a civil penalty. For the reasons that follow,...

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