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CORNELL v. WESTERN AND SOUTHERN LIFE INS.

No. COA02-1636.

590 S.E.2d 294 (2004)

Robert L. CORNELL, Employee, Plaintiff, v. WESTERN AND SOUTHERN LIFE INSURANCE COMPANY, Employer, and Gates McDonald, Carrier, Defendants.

Court of Appeals of North Carolina.

January 6, 2004.

Attorney(s) appearing for the Case

Kathleen Shannon Glancy, P.A., by Terrie Haydu, Wilmington, for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Clayton M. Custer, Greenville, for defendants-appellants.

MARTIN, Judge.

Defendants appeal from an order of the North Carolina Industrial Commission dismissing their appeal from an opinion and award of a deputy commissioner awarding plaintiff-employee compensation. The procedural history leading to this appeal is summarized as follows: Plaintiff-employee claimed an injury to his back sustained in the course and scope of his employment with employer-defendant. Defendants denied the claim. The matter was heard by a deputy...

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