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STARR v. GASTON COUNTY BD. OF EDUC.

No. COA07-732.

663 S.E.2d 322 (2008)

James R. STARR, Employee, Plaintiff-Appellee, v. GASTON COUNTY BOARD OF EDUCATION, Employer, and Key Risk Insurance Company, Carrier, Defendant-Appellees, and North Carolina School Boards Trust, Third-Party Administrator, Defendant-Appellant.

Court of Appeals of North Carolina.

July 15, 2008.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, by Mark T. Sumwalt and Vernon Sumwalt, Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kinchloe, L.L.P., by Margaret M. Kingston and Allen C. Smith, Charlotte, for defendant-appellant, North Carolina School Boards Trust.

Stiles, Byrum & Horne, L.L.P., by Henry C. Byrum, Jr. Charlotte, for defendant-appellees Gaston County Board of Education and Key Risk Insurance Company.

STEELMAN, Judge.

This Court may not re-weigh evidence when the findings of fact of the Industrial Commission are supported by competent evidence in the record. Where those findings support the Commission's conclusions of law, its award must be affirmed. Because compensation payments pursuant to a Form 60 are not a final award, the Commission acted within its authority to order appellant to reimburse the appellee insurance carrier.

I. Factual and Procedural...

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