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ROSET-EREDIA v. F.W. DELLINGER, INC.

No. COA07-644.

660 S.E.2d 592 (2008)

Jonathan ROSET-EREDIA, a/k/a Liborio Valdavinos-Barriga, Employee-Plaintiff, v. F.W. DELLINGER, INC., Employer-Defendant, and North Carolina Insurance Guaranty Association, Carrier-Defendant.

Court of Appeals of North Carolina.

May 20, 2008.

Attorney(s) appearing for the Case

The Law Offices of Robert J. Willis, by Robert J. Willis, Raleigh, for plaintiff-appellee.

Brooks, Stevens & Pope, P.A., by Robert S. Welch, Cary, and James A. Barnes IV, for defendants-appellants.

Carol L. Brooke, Raleigh, for North Carolina Justice Center, Amicus Curiae.

STEELMAN, Judge.

When plaintiff presented sufficient evidence of total disability and defendant-employer failed to rebut plaintiff's evidence, the Industrial Commission did not err in concluding that plaintiff is temporarily totally disabled.

I. Factual Background and Procedural History

Jonathan Roset-Eredia, a/k/a Liborio Valdavinos-Barriga (plaintiff), was 35 years of age at the time of the hearing before the deputy commissioner, and was...

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