WARD v. FLOORS PERFECT

No. COA06-366.

645 S.E.2d 109 (2007)

David J. WARD, Employee, Plaintiff, v. FLOORS PERFECT, Employer, Penn National Insurance, Carrier, Defendants.

Court of Appeals of North Carolina.

June 5, 2007.


Attorney(s) appearing for the Case

Lennon & Camak, PLLC, by George W. Lennon and S. Neal Camak, Raleigh, for plaintiff-appellant/cross appellee.

Young Moore and Henderson P.A., by Zachary C. Bolen, Raleigh, for defendants-appellees/cross appellants.


TYSON, Judge.

David J. Ward ("plaintiff") appeals from the Full Commission of the North Carolina Industrial Commission's ("the Commission") opinion and award entered finding plaintiff had not sustained a compensable change of condition. Floors Perfect and Penn National Insurance (collectively, "defendants") cross appeal. We affirm in part, reverse in part, and remand.

I. Background

Plaintiff was the owner and operator of Floors Perfect. Plaintiff...

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