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CAROLINAS MED. CENTER v. EMPLOYERS AND CARRIERS LISTED IN EXHIBIT

No. COA04-707.

616 S.E.2d 588 (2005)

CAROLINAS MEDICAL CENTER, Duke Medical Center, Forsyth Memorial Hospital, High Point Regional Hospital, Mission-St Joseph's Health System, Inc., Moses H. Cone Memorial Hospital, The North Carolina Baptist Hospitals, Inc., University Hospital, Wake Medical Center, and Wesley Long Community Hospital, Medical Providers, Plaintiff-Appellants, v. EMPLOYERS AND CARRIERS LISTED IN EXHIBIT A, Defendant-Appellees.

Court of Appeals of North Carolina.

August 16, 2005.

Attorney(s) appearing for the Case

Ott Cone & Redpath, P.A., by Laurie S. Truesdell, Wendell H. Ott, and Melanie M. Hamilton, Greensboro, for plaintiff-appellants.

Charles R. Hassell, Jr., Root and Root, P.L.L.C., by Allan P. Root, Waeverville, Young Moore and Henderson P.A., by Dawn D. Raynor, Raleigh, for defendant-cross appellants.

STEELMAN, Judge.

The North Carolina Industrial Commission entered an order on 18 December 2003 declaring that the provisions of N.C. Gen.Stat. § 97-26(b) as they existed from 1 July 1995 to 1 April 1996 were unconstitutional. We hold that the North Carolina Industrial commission is without authority to declare statutes of the State unconstitutional and vacate its order.

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