LEWIS v. BEACHVIEW EXXON SERVICE

No. 645A05.

629 S.E.2d 152 (2006)

360 N.C. 469

Randy R. LEWIS, Employee v. BEACHVIEW EXXON SERVICE, Employer, Penn National Insurance Company, Carrier.

Supreme Court of North Carolina.

May 5, 2006.


Attorney(s) appearing for the Case

Wilson & Ratledge, P.L.L.C., by Perry J. Pelaez, Raleigh, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P, by Buxton S. Copeland and Meredith T. Black, Raleigh, for defendant-appellants.


PER CURIAM.

As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed. This case is remanded to the Court of Appeals for remand to the North Carolina Industrial Commission for further findings of fact and conclusions of law on the issue of estoppel.

REVERSED AND REMANDED...

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