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ZALDANA v. SMITH

No. COA13-318.

749 S.E.2d 461 (2013)

Julio Alberto Martinez ZALDANA, Employee-Plaintiff v. Horace SMITH d/b/a Carolina Construction Company, Employer-Defendant, and/or Auto Owners Insurance Company, Alleged Carrier-Defendant, and/or Dargan Construction Company (Gallagher Basset Services, Inc., Third-Party Administrator), Defendants.

Court of Appeals of North Carolina.

October 15, 2013.

Attorney(s) appearing for the Case

Lanier Law Group, P.A., by Michael F. Roessler , for plaintiff-appellant.

McAngus, Goudelock, & Courie, P.L.L.C., Charlotte, by Daniel L. McCullough and Layla T. Santa Rosa , for defendant-appellee Auto-Owners Insurance Company.

CALABRIA, Judge.

Julio Alberto Martinez Zaldana ("plaintiff") appeals from an opinion and award by the Full Commission of the North Carolina Industrial Commission ("the Commission"). The opinion and award concluded that defendant Auto-Owners Insurance Company ("Auto-Owners") was not liable for any benefits owed to plaintiff pursuant to the Workers' Compensation Act. We affirm.

On 9 December 2008, defendant Horace Smith d/b/a Carolina Construction Company ...

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