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VOGLER v. BRANCH ERECTIONS CO., INC.

No. COA03-1032.

601 S.E.2d 273 (2004)

Mary Nicole Boone VOGLER, Widow, Marilyn "Sue Ann" Clymer, Guardian Ad Litem for Kristin Dakota Vogler, Minor Child, and Mark Boone, Guardian Ad Litem for Megan Nicole Boone, Minor Stepchild, of Billy Charles Vogler, Deceased Employee, Plaintiffs, v. BRANCH ERECTIONS COMPANY, INC., Employer, The Goff Group, Carrier (Now Dismissed), N.C. Guaranty Association (Now Added), Statutory Insurer, Defendants.

Court of Appeals of North Carolina.

September 7, 2004.

Attorney(s) appearing for the Case

J. Randolph Ward, Cary, for defendant-appellee Branch Erections Company, Inc.

Nelson Mullins Riley & Scarborough, L.L.P., by Christopher J. Blake and Joseph W. Eason, Raleigh, for defendant-appellant N.C. Guaranty Association.

TIMMONS-GOODSON, Judge.

Defendant North Carolina Guaranty Association ("the Association") appeals the amended opinion and award of the North Carolina Industrial Commission ("the Commission") awarding plaintiffs a ten percent increase in worker's compensation. For the reasons stated herein, we reverse the Commission's amended opinion and award and remand the case for further proceedings.

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