Clunk v. Pfizer, Inc.

The Full Commission has reviewed the prior Opinion Award based on the record of the proceedings before Deputy Commissioner Edward Garner, Jr. and the briefs and oral arguments on appeal. Both parties have shown good ground to reconsider the evidence, receive further evidence and to amend the prior Opinion and Award.

Subsequent to the Opinion and Award filed by Deputy Commissioner Garner, the North Carolina Court of Appeals handed down a decision in COA 96-764 filed on 20 May 1997 in the case ofDelbert G. Swain v. CN Evans Trucking Company Inc. The Court of Appeals reversed the Industrial…