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SCARBORO v. EMERY WORLDWIDE FREIGHT CORP.

No. COA07-1437.

665 S.E.2d 781 (2008)

Robbie C. SCARBORO, Employee, Plaintiff, v. EMERY WORLDWIDE FREIGHT CORP., Employer, Constitution State Service Company, Carrier, Defendants.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

Sellers, Hinshaw, Ayers, Dortch and Lyons, P.A. by John F. Ayers, III, Charlotte, for plaintiff.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by M. Duane Jones, Charlotte, for defendants.

ELMORE, Judge.

Both parties in this case appeal from an Opinion and Award issued by the Full Commission on 7 August 2007. For the reasons stated below, we affirm the Full Commission's Opinion and Award.

Robbie Scarboro (plaintiff) was employed as a utility driver for Emery Worldwide Freight Corporation (defendant). On 4 November 1998, plaintiff injured his upper back and left shoulder while he was unloading freight off of a truck. Defendants filed a Form 60...

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