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DIAZ v. SMITH

No. COA10-694.

709 S.E.2d 424 (2011)

Ricardo DIAZ, Employee, Plaintiff, v. Jerry Mark SMITH, d/b/a Smith's Home Repair, Employer, Travelers Indemnity Company, Carrier, Defendants.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

The Olive Law Firm, PA, Charlotte, by Juan A. Sanchez , for plaintiff-appellant.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., Charlotte, by Kelli A. Burns and M. Duane Jones , for defendant-appellee Travelers Indemnity Company.

HUNTER, ROBERT C., Judge.

Plaintiff Ricardo Diaz appeals from the Industrial Commission's opinion and award in which it awarded plaintiff workers' compensation benefits, but concluded that defendant-employer Jerry Mark Smith's workers' compensation insurance policy had been effectively cancelled by defendant-carrier Travelers Indemnity Company. We agree with plaintiff's contention that the Commission applied the notice requirements of the incorrect statute in determining...

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