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McLEOD v. WAL-MART STORES, INC.

No. COA09-1645.

703 S.E.2d 471 (2010)

Chad McLEOD, Employee, Plaintiff, v. WAL-MART STORES, INC., Employer, American Home Assurance, Carrier, (Claims Management, Inc., Third-Party Administrator), Defendants.

Court of Appeals of North Carolina.

December 21, 2010.

Attorney(s) appearing for the Case

Hardison & Cochran P.L.L.C., by J. Adam Bridwell , Raleigh, for plaintiff-appellee.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Dalton B. Green , Wilmington, for defendant-appellants.

STROUD, Judge.

Defendants appeal an opinion and award awarding plaintiff benefits and determining that defendant-employer had not provided plaintiff with suitable employment. For the following reasons, we affirm.

I. Background

On 13 July 2009, the Full Commission made the following uncontested findings of fact:

9. Defendants submitted a job description for plaintiff's position, entitled "maintenance associate." The description includes the...

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