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DICAMILLO v. ARVIN MERITOR, INC.

No. COA06-1232.

644 S.E.2d 647 (2007)

Mike DICAMILLO, Employee Plaintiff, v. ARVIN MERITOR, INC., Employer, Self-Insured (Frank Gates Co., Third-Party Administrator), Defendant.

Court of Appeals of North Carolina.

June 5, 2007.

Attorney(s) appearing for the Case

Frederick R. Stann, Gastonia, for plaintiff-appellee.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Brian M. Freedman, Greensboro, for defendant-appellant.

TYSON, Judge.

Arvin Meritor, Inc. ("defendant") appeals from an opinion and award of the Full Commission of the North Carolina Industrial Commission ("the Commission") in favor of Michael Dicamillo ("plaintiff"). We affirm.

I. Background

Plaintiff was employed with defendant as a forklift operator. On 21 February 2002, plaintiff suffered a compensable injury when a metal rack he was lifting fell, came through the forklift's protective metal...

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