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D'AQUISTO v. MISSION ST. JOSEPH'S HEALTH

No. COA08-1238.

680 S.E.2d 249 (2009)

Caroline D'AQUISTO, Employee, Plaintiff, v. MISSION ST. JOSEPH'S HEALTH SYSTEM, Employer, Cambridge Integrated Services, Carrier, Defendants.

Court of Appeals of North Carolina.

August 4, 2009.

Attorney(s) appearing for the Case

Ganley & Ramer, PLLC, by Thomas F. Ramer, Asheville; and The Sumwalt Law Firm, by Vernon Sumwalt, Charlotte, for claimant-appellee.

Van Winkle Buck Wall Starnes & Davis, P.A., by Allan R. Tarleton, Asheville, for employer-appellant.

HUNTER, JR., Robert N., Judge.

This appeal contests an award of attorney's fees under N.C. Gen.Stat. § 97-88 by the Industrial Commission ("Commission") for claimant-plaintiff, Caroline D'Aquisto ("claimant"), and her attorney's fees expended in the appeal subsequent to the initial award of compensation. Employer-defendant Mission St. Joseph's Health System ("employer")1 contends that this award is inconsistent with the decision of...

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