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HOLLOWAY v. TYSON FOODS, INC.

No. COA07-930.

668 S.E.2d 72 (2008)

Marty HOLLOWAY, Employee, Plaintiff, v. TYSON FOODS, INC., Self-Insured, Employer, Defendant.

Court of Appeals of North Carolina.

November 4, 2008.

Attorney(s) appearing for the Case

David R. Paletta, Boone, for plaintiff-appellant.

Brooks, Stevens & Pope, P.A., by Bambee B. Blake and Ginny P. Lanier, Cary, for defendant-appellee.

GEER, Judge.

Plaintiff Marty Holloway appeals from an opinion and award of the Full Commission denying his claim for workers' compensation benefits. Plaintiff primarily argues on appeal that the Commission erred in not imposing sanctions on defendant Tyson Foods, Inc. for spoliation of evidence, including granting a presumption of compensability and monetary sanctions. Under controlling precedent, however, the spoliation of evidence gives rise to a permissive adverse...

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