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WOODLIFF v. FITZPATRICK

No. COA09-1447.

695 S.E.2d 503 (2010)

Ernest Todd WOODLIFF, Employee, Plaintiff, v. Thomas FITZPATRICK d/b/a CUSTOM WOODWORK UNLIMITED, Employer (Noninsured), and Thomas Fitzpatrick, Individually, Defendants.

Court of Appeals of North Carolina.

July 6, 2010.

Attorney(s) appearing for the Case

Jay Gervasi, P.A., by Jay A. Gervasi, Jr., Greensboro, for Plaintiff-Appellant.

Prather Law Firm, by J.D. Prather, Raleigh, for Defendant-Appellees.

BEASLEY, Judge.

Ernest Todd Woodliff (Plaintiff) appeals from an Opinion and Award of the North Carolina Industrial Commission (Commission) denying Plaintiff benefits under the Workers' Compensation Act (Act). Specifically, Plaintiff challenges the Commission's jurisdictional finding of insufficient evidence that Thomas Fitzpatrick d/b/a/ Custom Woodwork Unlimited and Thomas Fitzpatrick individually (collectively Defendant) regularly employed three or more employees...

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