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MEHAFFEY v. BURGER KING

No. 24PA12.

749 S.E.2d 252 (2013)

Dewey D. MEHAFFEY, Employee v. BURGER KING, Employer, Liberty Mutual Insurance Company, Carrier.

Supreme Court of North Carolina.

November 8, 2013.

Attorney(s) appearing for the Case

Sumwalt Law Firm, Charlotte by Mark T. Sumwalt and Vernon Sumwalt ; and Grimes Teich Anderson LLP, by Henry E. Teich , Asheville, for plaintiff-appellant.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., Charlotte by M. Duane Jones and Jeremy T. Canipe , for defendant-appellees.

HUDSON, Justice.

This case presents the question whether the Medical Fee Schedule promulgated by the North Carolina Industrial Commission (Commission) may bar certain individuals from receiving compensation for attendant care services they provided before obtaining approval for those services from the Commission. We hold that the Commission may not do so since such action would exceed the power granted to the Commission by the General Assembly. Because the Court of...

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