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BOJE v. D.W.I.T., L.L.C.

No. COA07-1294.

670 S.E.2d 910 (2009)

Norman BOJE, Employee, Plaintiff, v. D.W.I.T., L.L.C., et al., Employer, Noninsured, D.J. Griffith d/b/a Griffith Construction Company, General Contractor, Noninsured, Builders Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

January 20, 2009.

Attorney(s) appearing for the Case

No brief filed on behalf of plaintiff.

Leicht & Olinger, by Gene Thomas Leicht, Asheville, for defendant-appellant D.W.I.T., L.L.C.

Lewis & Roberts, P.L.L.C., by Brian D. Lake and Melissa K. Walker, Raleigh, for defendant-appellee Builders Mutual Insurance Company.

GEER, Judge.

Defendant employer D.W.I.T., L.L.C. ("DWIT") appeals from an opinion and award of the Industrial Commission determining that defendant carrier Builders Mutual Insurance Company had properly canceled DWIT's workers' compensation insurance policy for non-payment of premiums. Builders Mutual counters DWIT's arguments by contending that the Commission's decision should be upheld on appeal on the alternative ground that DWIT failed to appeal a deputy commissioner...

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