1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 666 S.E.2d
  5. 666 S.E.2d 160 (2008)
 

ALPHIN v. TART L.P. GAS CO.

No. COA07-731.

666 S.E.2d 160 (2008)

Robert H. ALPHIN, Employee, Plaintiff, v. TART L.P. GAS COMPANY, Employer, Aetna Life & Casualty Company, Carrier, Defendants.

Court of Appeals of North Carolina.

September 16, 2008.

Attorney(s) appearing for the Case

Brent Adams & Associates, by Robin K. Martinek, Raleigh, for plaintiff-appellant.

Hedrick Gardner Kincheloe & Garofalo, L.L.P., by Jeffrey A. Doyle and Susan J. Vanderweert, Raleigh, for defendants-appellees.

GEER, Judge.

Plaintiff Robert H. Alphin appeals from an opinion and award of the North Carolina Industrial Commission denying his motion to reinstate benefits and determining that he failed to prove that he has been totally disabled or had diminished wage-earning capacity. Based upon our review of controlling precedents regarding the presumption of continuing disability arising from Form 21 and Form 26 agreements, we hold that the Commission erred in concluding that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases