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VOGLER v. BRANCH ERECTIONS CO., INC.

No. COA06-288.

640 S.E.2d 419 (2007)

Mary Nicole Boone VOGLER, Widow; Marilyn "Sue Ann" Clymer, Guardian Ad Litem for Kristin Dakota Vogler, Minor Child; and Mark Boone, Guardian Ad Litem for Megan Nicole Boone, Minor Stepchild; of Billy Charles Vogler, Deceased Employee, Plaintiffs, v. BRANCH ERECTIONS CO., INC., Employer-Defendant; Reliance National Insurance Company (now insolvent), Carrier-Defendant; North Carolina Insurance Guaranty Association, Defendant; Cambridge Integrated Serv., Third-Party Administrator; Sterling Administrative Services and the Goff Group, Servicing Agents.

Court of Appeals of North Carolina.

February 6, 2007.

Attorney(s) appearing for the Case

J. Randolph Ward, Cary, for defendant-appellant/cross-appellee Branch Erections, Co., Inc.

Nelson, Mullins, Riley & Scarborough, LLP, by Christopher Blake, Raleigh, for defendant-appellee/cross-appellant North Carolina Insurance Guaranty Association.

BRYANT, Judge.

The North Carolina Insurance Guaranty Association (NCIGA) (defendant-appellee/cross-appellant) and Branch Erections, Co., Inc. (Branch) (defendant-appellant/cross-appellee) appeal from an Opinion and Award entered 27 July 2005 by the North Carolina Industrial Commission (Commission).

On 23 March 2000, Billy Charles Vogler (plaintiff-decedent) suffered a compensable workplace injury by accident when...

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