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MEARES v. DANA CORP./WIX DIV.

No. COA04-1196.

615 S.E.2d 912 (2005)

Billy MEARES, Employee/Plaintiff, v. DANA CORPORATION/WIX DIVISION, Employer, and Specialty Risk Services, Carrier, Defendants.

Court of Appeals of North Carolina.

August 2, 2005.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, by Vernon Sumwalt and Mark T. Sumwalt, Charlotte, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Paul C. Lawrence and Adam E. Whitten, Charlotte, for defendant-appellees.

LEVINSON, Judge.

Plaintiff (Billy Meares) appeals from an Opinion and Award of the Industrial Commission granting defendant Dana Corporation a credit for certain payments to plaintiff. We reverse and remand.

The relevant facts are largely undisputed, and are summarized as follows: Plaintiff was born in 1934, and was 68 years old at the time of the hearing before the Industrial Commission. He was employed by defendant...

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