GROSS v. GENE BENNETT CO.

No. COA10-29.

703 S.E.2d 915 (2011)

David GROSS, Employee, Plaintiff, v. GENE BENNETT CO., Employer, American Home Assurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

January 18, 2011.


Attorney(s) appearing for the Case

Anthony D. Griffin , Red Springs, for plaintiff-appellee.

Cranfill Sumner & Hartzog LLP, by James B. Black IV , Raleigh, for defendant-appellants.


STEELMAN, Judge.

Where there was no previous finding of compensability by the Industrial Commission, no previous admission of compensability by the employer, and no agreement as to compensability between the parties, the Parsons presumption is not applicable. Where Dr. Allen's opinion as to medical causation did not rise above the level of mere possibility, the Industrial Commission's findings of fact as to medical causation were not supported by competent...

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