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ESTATE OF APPLE v. COMMERCIAL COURIER

No. COA03-850.

598 S.E.2d 623 (2004)

ESTATE OF Worth APPLE, on Behalf of Worth APPLE, Deceased Employee, and Bessie Hutchins Apple, Widow of Worth Apple, Deceased Employee, Plaintiff, v. COMMERCIAL COURIER EXPRESS, INC., Employer Michigan Mutual Insurance Company, Carrier Defendants.

Court of Appeals of North Carolina.

July 20, 2004.

Attorney(s) appearing for the Case

R. James Lore, Raleigh, for plaintiff-appellant.

Carruthers & Roth, P.A., by Norman F. Klick, Jr. and J. Patrick Haywood, Greensboro, for defendant-appellees.

HUNTER, Judge.

The Estate of Worth Apple ("plaintiff") appeals an Opinion and Award of the Full Commission of the North Carolina Industrial Commission filed 13 February 2003 ruling that Commercial Courier Express, Inc. ("CCE") and Michigan Mutual Insurance Company (collectively "defendants") were not responsible for additional payments for rehabilitation care of Worth Apple ("Apple"). Because we conclude plaintiff lacks standing to bring this claim, we must vacate...

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