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EDMONDS v. FRESENIUS MEDICAL CARE

No. COA03-1044.

600 S.E.2d 501 (2004)

Elizabeth EDMONDS, Employee-Plaintiff, v. FRESENIUS MEDICAL CARE, Employer Self-Insured (RSKCO, Servicing Agent), Defendant.

Court of Appeals of North Carolina.

August 17, 2004.

Attorney(s) appearing for the Case

Randy D. Duncan, Hickory, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Mel J. Garofalo and Shannon P. Herndon, Charlotte, for defendant-appellant.

CALABRIA, Judge.

Fresenius Medical Care ("defendant") appeals from an opinion and award of the North Carolina Industrial Commission (the "Commission"), awarding Elizabeth Edmonds ("plaintiff") workers' compensation benefits for a work-related injury that occurred on 6 February 1998. We affirm.

Plaintiff, formerly a director of nursing for defendant, sustained a compensable back injury when she tried to prevent a

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