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WARD v. WAKE CO. BD. OF EDUC.

No. COA03-1578.

603 S.E.2d 896 (2004)

Robert M. WARD Employee, Plaintiff, v. WAKE CO. BOARD OF EDUCATION, and Carolina Sunrock Corporation, Employers, Defendant, North Carolina School Boards Insurance Trust and ITT Hartford; Carrier, Defendants.

Court of Appeals of North Carolina.

November 2, 2004.

Attorney(s) appearing for the Case

Law Offices of James Scott Farrin, by J. Michael Mackay, Durham, for plaintiff-appellee.

Lewis & Roberts, P.L.L.C., by Bryant D. Parris, III, Raleigh, for defendant-appellant Sunrock/ITT.

Attorney General Roy Cooper, by Assistant Attorney General Patrick S. Wooten, for defendant-appellant Wake County Board of Education.

LEVINSON, Judge.

Defendants appeal from an order of the North Carolina Industrial Commission deeming an earlier dismissal of plaintiff's claims to be without prejudice.

The relevant factual and procedural history of this case is summarized as follows: Plaintiff suffered a compensable workplace injury on 25 August 1994. On 26 September 1995 deputy commissioner Shuping issued an opinion awarding plaintiff workers' compensation benefits, which was substantially...

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