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BAXTER v. DANNY NICHOLSON, INC.

No. COA07-865.

661 S.E.2d 892 (2008)

Robert BAXTER, Employee, Plaintiff, v. DANNY NICHOLSON, INC., Employer, Self-Insured (Key Risk Management Services, Servicing Agent), Defendant.

Court of Appeals of North Carolina.

June 17, 2008.

Attorney(s) appearing for the Case

William D. Acton, Jr., Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Shelly W. Coleman, Charlotte, for defendant-appellant.

BRYANT, Judge.

Defendant Danny Nicholson, Inc. (employer) appeals from an Opinion and Award entered 5 February 2007, which found Plaintiff Robert Baxter (employee) totally disabled, reinstated the employee's temporary total disability benefits, and awarded employee attorney's fees. Additionally, employer appeals from an order denying it's motion to vacate and reconsider the 5 February 2007 Opinion and Award. We vacate the Opinion and Award and remand the matter to...

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