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GARNER v. CAPITAL AREA TRANSIT

No. COA10-149.

702 S.E.2d 319 (2010)

Teresa L. GARNER, Employee, Plaintiff, v. CAPITAL AREA TRANSIT, Employer, America Home Assurance Co., Carrier, and AIG Claim Services, Inc., Servicing Agent, Defendants.

Court of Appeals of North Carolina.

December 7, 2010.

Attorney(s) appearing for the Case

Patterson Harkavy LLP, Chapel Hill, by Valerie A. Johnson and Narendra K. Ghosh , for plaintiff-appellant.

Teague Campbell Dennis & Gorham L.L.P., Raleigh, by Jan N. Pittman , for defendant-appellees.

STEELMAN, Judge.

The Industrial Commission found that plaintiff's version of the alleged accident was not credible. Because the medical causation testimony was based upon this unreliable testimony, plaintiff failed to establish that she was injured as a result of a compensable accident under Chapter 97 of the General Statutes.

I. Factual and Procedural Background

In 2007, Teresa L. Garner (plaintiff) was employed by Capital Area Transit (CAT...

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