POWE v. CENTERPOINT HUMAN SERVICES

No. COA10-1022.

715 S.E.2d 296 (2011)

Mary Frances POWE, Employee, Plaintiff, v. CENTERPOINT HUMAN SERVICES, Employer, Brentwood Services, Carrier, Defendants.

Court of Appeals of North Carolina.

September 6, 2011.


Attorney(s) appearing for the Case

Law Offices of Kathleen G. Sumner, Greensboro, by Kathleen G. Sumner , for plaintiff.

Rudisill White & Kaplan, P.L.L.C., Charlotte, by Stephen Kushner , for defendants.


GEER, Judge.

Both plaintiff and defendants appeal from an opinion and award entered by the Industrial Commission that found plaintiff had failed to "fully comply" with Commission-ordered vocational rehabilitation, but still reinstated disability benefits on the grounds that defendants had ceased offering vocational rehabilitation services to plaintiff. We hold that the Commission failed to apply the correct legal standard in determining whether plaintiff complied...

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