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GRAHAM v. MASONRY REINGORCING CORP.

No. COA07-372.

656 S.E.2d 676 (2008)

Harry B. GRAHAM, Employee, Plaintiff, v. MASONRY REINFORCING CORP. OF AMERICA, Employer, and Atlantic Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

February 19, 2008.

Attorney(s) appearing for the Case

Bollinger & Piemonte, PC, by Bobby L. Bollinger, Jr., Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Shannon P. Metcalf and M. Duane Jones, Charlotte, for defendant-appellants.

STROUD, Judge.

Defendant appeals opinion and award by the Full Commission. Defendant contends the Full Commission erred by concluding plaintiff was disabled after 17 December 2001 and finding Plaintiff's termination was not due to an economic downturn and Plaintiff's misconduct, and by concluding Plaintiff's back condition was compensable. For the following reasons, we affirm in part and remand in part.

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