Legal Opinion

Diaz v. Spanish Contractors

Court of Appeals of North Carolina

Decided June 7, 2016No. COA 15–764Published

1Opinion of the Court

HUNTER, JR., ROBERT N., Judge.

Jose Diaz ("Plaintiff") fell from a ladder at his place of employment on 27 December 2014, resulting in numerous injuries. The Industrial Commission denied Plaintiff compensation, concluding he was intoxicated at the time of the accident. We affirm the Commission's Opinion and Award.

I. Factual and Procedural Background

On 12 February 2013, Plaintiff filed a Form 18 (Notice of Accident to Employer and Claim of Employee, Representative, or Dependent). On 26 February 2013, Plaintiff filed a Form 33 (Request that Claim be Assigned for Hearing), alleging a compensable…

2Cases cited13 opinions

  1. State v. HarringtonCourt of Appeals of North Carolina · 1985
  2. Rorie v. Holly Farms Poultry Co.Supreme Court of North Carolina · 1982
  3. State v. HarringtonCourt of Appeals of North Carolina · 1985
  4. Hassell v. Onslow County Board of EducationSupreme Court of North Carolina · 2008
  5. Hobbs v. Clean Control Corp.Court of Appeals of North Carolina · 2002

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