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WARD v. FLOORS PERFECT

No. 339A07.

658 S.E.2d 656 (2008)

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

Supreme Court of North Carolina.

April 11, 2008.

Attorney(s) appearing for the Case

Lennon & Camak, PLLC, by George W. Lennon, S. Neal Camak, and Michael W. Bertics, Raleigh, for plaintiff-appellant.

Young Moore and Henderson P.A., by Zachary C. Bolen, Raleigh, for defendant-appellees.

PER CURIAM.

Conclusions of Law 1 and 2 contained in the Industrial Commission's 28 October 2005 opinion and award are supported by competent evidence but are inconsistent, and the Court of Appeals inappropriately attempted to resolve the inconsistency in its decision. The Industrial Commission is best suited to resolve this discrepancy. See Harrell v. Harriet & Henderson Yarns, 314 N.C. 566, 574-575, 336 S.E.2d 47, 52...

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