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MEARES v. DANA CORP.

No. COA07-1401.

666 S.E.2d 819 (2008)

Billy MEARES, Employee, Plaintiff, v. DANA CORPORATION, Employer, and Self-Insured Speciality Risk Services, Third-Party Administrator, Defendants.

Court of Appeals of North Carolina.

October 7, 2008.

Attorney(s) appearing for the Case

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

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Paul C. Lawrence, Adam E. Whitten and Margaret M. Kingston, Charlotte, for defendant-appellants.

STROUD, Judge.

The issues presented by defendants are: (1) whether there was a change in condition such that the Industrial Commission should have changed its prior award and declared plaintiff to be permanently disabled under N.C. Gen.Stat. § 97-29, and (2) whether the award of attorney's fees under N.C. Gen. Stat. § 97-88.1 was appropriate. As to the first issue, we conclude that there was competent evidence to support the Industrial Commission's findings...

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