Freeman v. Rothrock

JACKSON, Judge.

This case is heard upon remand from our Supreme Court, see Estate of Freeman v. J.L. Rothrock, Inc., 363 N.C. 249, 676 S.E.2d 46 (2009), reversing the prior opinion of this Court for the reasons set forth in the dissenting opinion. See Freeman v. J.L. Rothrock, Inc., 189 N.C. App. 31, 48-49, 657 S.E.2d 389, 399-400 (2008) (Wynn, J., dissenting) (rejecting the adoption of the Larson test as a bar to recovery of worker’s compensation benefits when an employee made misrepresentations at the time of hiring about his physical condition) (citations omitted) (“Freeman /”). Pursuant to…