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BURLEY v. U.S. FOODS, INC.

No. COA13-860.

756 S.E.2d 84 (2014)

Vincent BURLEY, Employee, Plaintiff, v. U.S. FOODS, INC., Employer, and Indemnity Insurance Company of North America, Carrier, and Gallagher Bassett Services, Inc., Third Party Administrator, Defendants.

Court of Appeals of North Carolina.

April 1, 2014.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, Charlotte, by Vernon Sumwalt , Mark T. Sumwalt , and Lauren Hester , for Plaintiff-Appellant.

McAngus, Goudelock & Courie, P.L.L.C., Charlotte, by Raymond J. Williams, III , for Defendants-Appellees.

HUNTER, JR., ROBERT N., Judge.

Vincent Burley ("Plaintiff") appeals from the 28 June 2013 opinion and award of the Full Commission of the North Carolina Industrial Commission (the "Commission"), which concluded that the Commission did not have subject matter jurisdiction to hear Plaintiff's claim. Plaintiff argues the Commission had subject matter jurisdiction because a modification to his contract was approved by defendant U.S. Foods Inc. ("U.S. Foods") in Charlotte...

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