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ESTATE OF APPLE v. COMMERCIAL COURIER

No. COA03-829.

598 S.E.2d 625 (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-appellants.

HUNTER, Judge.

Commercial Courier Express, Inc. ("CCE") and Michigan Mutual Insurance Company (collectively "defendants") appeal from an opinion and award of the Full Commission of the North Carolina Industrial Commission ("the Commission") filed 13 February 2003 awarding death benefits to Bessie Hutchins Apple ("plaintiff") as widow of Worth Apple ("Apple"). Plaintiff also appeals. Because Apple's death occurred within two years of the final determination of disability...

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