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WADE v. CAROLINA BRUSH MFG. CO.

No. COA06-729.

652 S.E.2d 713 (2007)

Anne WADE, Employee-Plaintiff, v. CAROLINA BRUSH MANUFACTURING CO., Employer-Defendant, and North Carolina Insurance Guaranty Association, Successor in Interest to Reliance Insurance Co., Carrier-Defendant.

Court of Appeals of North Carolina.

November 20, 2007.

Attorney(s) appearing for the Case

No brief filed for plaintiff-appellee.

Mullen, Holland, & Cooper, P.A., by James R. Martin, Gastonia, for defendants-appellants.

STEELMAN, Judge.

The Commission abused its discretion by invoking the provisions of Rule 801 to waive compliance with Rule 701 of the Rules of the North Carolina Industrial Commission. See Workers' Comp. R. Of N.C. Indus. Comm'n 701(2) & (3), 2007 Ann. R. (N.C.) 1038; Workers' Comp. R. Of N.C. Indus. Comm'n 801, 2007 Ann. R. (N.C.) 1041. We reverse and vacate the Commission's Opinion and Award.

I. Factual Background

On 29 November...

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