Allen v. K-MART

HUNTER, Judge.

K-Mart and KM Administrative Services (collectively “defendants”) appeal from an amended opinion and award of the North Carolina Industrial Commission (“Commission”), awarding Wendy H. Allen (“plaintiff’) workers’ compensation benefits for her fibromyal-gia. Because we conclude that the Commission denied defendants their right to cross-examine plaintiff’s independent medical examiners upon which the Commission based its decision and denied defendants an opportunity to be heard by the Commission with regard to those examiners’ reports, we hold that the Commission manifestly…