Gray v. Carolina Freight Carriers, Inc.

GREENE, Judge.

Defendant appeals from an Opinion and Award of the North Carolina Industrial Commission filed 4 December 1990, affirming the Deputy Commissioner’s decision finding plaintiff totally and permanently disabled, and denying defendant’s request for credit for payments previously made to plaintiff for ten percent permanent partial disability of the back.

The facts pertinent to this appeal are as follows: From 1971 until September 1986, plaintiff worked as a long-distance truck driver for defendant. On 27 September 1985, plaintiff sustained an injury by accident arising out of and in…