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LOWERY v. DUKE UNIVERSITY

No. COA04-62.

609 S.E.2d 780 (2005)

Melvin LOWERY, Employee, Plaintiff, v. DUKE UNIVERSITY, Employer, Self-Insured, Defendant.

Court of Appeals of North Carolina.

January 4, 2005.

Attorney(s) appearing for the Case

Perry, Perry & Perry, P.A., by Robert T. Perry, Durham, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Kari R. Johnson, Raleigh, for defendant-appellant.

MARTIN, Chief Judge.

Defendant Duke University, self-insured, appeals from an opinion and award entered 6 October 2003 by the North Carolina Industrial Commission (hereinafter "Commission") awarding plaintiff benefits.

Defendant contends that the Commission erred when it reversed the opinion and award of the Deputy Commissioner and found that plaintiff did not constructively refuse suitable employment. Specifically...

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