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CLARK v. WAL-MART

No. 321PA04.

619 S.E.2d 491 (2005)

Sandra J. CLARK, Employee v. WAL-MART, Employer, Insurance Company of the State of Pennsylvania, Carrier.

Supreme Court of North Carolina.

October 7, 2005.

Attorney(s) appearing for the Case

The Deuterman Law Group, P.A., by Daniel L. Deuterman, Greensboro, for plaintiff-appellee.

Young Moore and Henderson P.A., by Michael W. Ballance and Jennifer T. Gottsegen, Raleigh, for defendant-appellants.

Jay A. Gervasi, Jr., Greensboro, Counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.

LAKE, Chief Justice.

This case arises from proceedings before the North Carolina Industrial Commission (the Commission) and raises the issue whether the Commission erred in awarding plaintiff, Sandra J. Clark, ongoing benefits for total and permanent disability as a result of her 21 December 1998 work-related injury.

The record shows that plaintiff was employed by Wal-Mart Stores, Inc. (defendant-employer) on 16 July 1998 as a greeter. On 21 December 1998...

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