Vogler v. Branch Erections Co.

TIMMONS-GOODSON, Judge.

Defendant North Carolina Guaranty Association (“the Association”) appeals the amended opinion and award of the North Carolina Industrial Commission (“the Commission”) awarding plaintiffs a ten percent increase in worker’s compensation. For the reasons stated herein, we reverse the Commission’s amended opinion and award and remand the case for further proceedings.

The facts and procedural history pertinent to the instant appeal are as follows: On 23 March 2000, Billy Charles Vogler (“decedent”) was an employee of Branch Erections Company, Inc. (“Branch”). Decedent was…