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CHILDRESS v. FLUOR DANIEL, INC.

No. COA04-1436.

615 S.E.2d 868 (2005)

Jessie Bill CHILDRESS, Petitioner, v. FLUOR DANIEL, INC., and Broadspire (formerly Kemper Insurance Company), Respondents.

Court of Appeals of North Carolina.

August 2, 2005.

Attorney(s) appearing for the Case

Wallace & Graham, by Edward L. Pauley, Salisbury, for petitioner-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Hatcher Kincheloe and Edward A. Sweeney, Charlotte, for respondent-appellees.

HUDSON, Judge.

The case arises from an attempt by plaintiff Jessie Bill Childress to reduce the amount of a workers' compensation lien held by defendants Fluor Daniel, Inc.(Employer) and Broadspire (Carrier) on plaintiff's recovery from a third-party tort-feasor. On 8 May 1997, plaintiff filed a Form 18B with the Commission alleging asbestosis and seeking benefits. Plaintiff later amended his Form 18B to include a claim for colon cancer. Defendants denied liability...

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