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ARCHIE v. KIRK

No. COA11-436.

720 S.E.2d 726 (2011)

Robert Lee ARCHIE, Jr., Employee, Plaintiff, v. Edward KIRK, d/b/a Kirk Contracting, Employer; Lamar Advertising, Inc., Contractor; Cap Care Group, Inc., Contractor; Employer; and Liberty Mutual Insurance Co., Zurich North America, and Builders Mutual Insurance, Carriers, Defendants.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

Davis and Hamrick, L.L.P., Winston-Salem, by Ann C. Rowe , for defendant-appellants.

Daggett Shuler, Attorneys at Law, Winston-Salem, by Griffis C. Shuler , for plaintiff-appellee.

BRYANT, Judge.

Because plaintiff lacked the independence necessary to determine he was an independent contractor, we affirm the Commission's conclusion that an employer-employee relationship existed between defendant and plaintiff. Further, because the Commission did not make a direct ruling on the specific medical conditions for which plaintiff was to receive compensation, defendants' contentions are not properly before us.

On 10 June 2009, Deputy Commissioner...

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