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MASOOD v. ERWIN OIL CO.

No. COA06-322.

639 S.E.2d 118 (2007)

Akhtar MASOOD, Employee, Plaintiff, v. ERWIN OIL COMPANY, Employer, and EMC Insurance Companies, Carrier, Defendants.

Court of Appeals of North Carolina.

January 16, 2007.

Attorney(s) appearing for the Case

Patterson Harkavy, L.L.P., by Leto Copeley, Chapel Hill, for plaintiff-appellant.

Patterson, Dilthey, Clay, Bryson & Anderson, L.L.P., by Phillip J. Anthony and Kathrine Downing Fisher, Raleigh, for defendant-appellee.

HUDSON, Judge.

Plaintiff filed a workers' compensation claim on 23 February 2000 against plaintiff's uninsured employer, Iftikhar Taj Abbasi ("Abbasi"), who does business as Tri-Star Amoco Food Shop ("Tri-Star Amoco"), and against Erwin Oil Company ("Erwin Oil") as a statutory employer pursuant to N.C. Gen. Stat. § 97-19 (2002). The workers' compensation case was stayed while plaintiff proceeded with a tort action against both Abbasi and Erwin Oil. Plaintiff...

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