CAPPS v. SOUTHEASTERN CABLE

No. COA10-505.

715 S.E.2d 227 (2011)

Rufus CAPPS, IV, Plaintiff v. SOUTHEASTERN CABLE and Companion Property & Casualty, Defendants.

Court of Appeals of North Carolina.

August 2, 2011.


Attorney(s) appearing for the Case

West & Smith, LLP, Southern Pines, by Stanley W. West , and Jay S. Gervasi, P.A., Greensboro, by Jay A. Gervasi, Jr. , for Plaintiff-Appellant.

McAngus, Goudelock & Courie, P.L.L.C., Raleigh, by Laura Carter and Layla T. Santa Rosa , for Defendant-Appellees.


ERVIN, Judge.

Plaintiff Rufus Capps, IV, appeals from an order entered by the Industrial Commission dismissing his claim for workers' compensation benefits on the grounds that Plaintiff worked for Defendant Southeastern Cable as a subcontractor rather than an employee, thereby depriving the Commission of jurisdiction over Plaintiff's claim. On appeal, Plaintiff argues that the evidence established that he was Southeastern's employee and that his claim for workers...

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