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HODGIN v. HODGIN

No. COA02-1007.

583 S.E.2d 362 (2003)

Thomas E. HODGIN, III, Employee, Plaintiff, v. Thomas E. HODGIN, III, d/b/a, Hodgin Carpet, Employer, and N.C. Farm Bureau Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

August 5, 2003.

Attorney(s) appearing for the Case

Kathleen G. Sumner, Greensboro, for plaintiff-appellee.

Young Moore and Henderson P.A., by Dawn Dillon Raynor, Raleigh, for defendants-appellants.

LEVINSON, Judge.

This case arises from an award and opinion of the North Carolina Industrial Commission, finding plaintiff suffered a compensable hernia injury when he lifted a chest of drawers 9 February 1999. We reverse.

On 2 February 1999, plaintiff saw Dr. David Patterson for complaints of epigastric abdominal pain. He described to Dr. Patterson that "[o]ver the last month he has had a feeling of `gas being trapped' in his subxiphoid area, especially after...

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