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SELLERS v. FMC CORP.

No. COA11-12.

716 S.E.2d 661 (2011)

Donald E. SELLERS, Employee, Plaintiff, v. FMC CORPORATION, Employer, National Union Fire Insurance Company and Insurance Company of the State of Pennsylvania, Carriers, Defendants.

Court of Appeals of North Carolina.

October 4, 2011.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., Salisbury, by Cathy A. Williams and Edward L. Pauley , for plaintiff appellant-appellee.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., Charlotte, by Neil P. Andrews and M. Duane Jones , for defendant appellants-appellees.

McCULLOUGH, Judge.

Donald E. Sellers ("plaintiff") appeals and FMC Corporation ("defendant") cross-appeals from the Full Commission's Opinion and Award dated 28 July 2010. For the reasons discussed herein, we agree with plaintiff and reverse.

I. Background

Plaintiff worked for defendant and its predecessors from 1974 to 2002. He started out as a welder and moved to the electrical and instrumentation shop...

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