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WOOTEN v. NEWCON TRANSP., INC.

No. COA05-1107.

632 S.E.2d 525 (2006)

Eleanor WOOTEN, Widow of Walter Wooten, Deceased, Employee, Plaintiff, v. NEWCON TRANSPORTATION, INC., Employer, and FIREMAN'S FUND INSURANCE CO./THE GOFF GROUP, Carrier, Defendants.

Court of Appeals of North Carolina.

August 1, 2006.

Attorney(s) appearing for the Case

Cobourn & Saleeby, L.L.P., by Sean C. Cobourn, Spartanburg, for plaintiff-appellee.

Rudisill, White & Kaplan, P.L.L.C., by Garth H. White and Bradley H. Smith, Charlotte, for defendant-appellants.

HUDSON, Judge.

In May 2002, plaintiff, the widow of deceased employee Walter Wooten ("the decedent"), filed a claim with the North Carolina Industrial Commission alleging that her husband died in a traffic accident that occurred while he was working as a truck driver for defendant-employer. On 27 April 2004, Deputy Commissioner Philip A. Baddour, III, entered an opinion and award denying plaintiff's claim on the ground...

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