Legal Opinion

Moose v. Watkins

North Carolina Industrial Commission

Decided August 26, 2009No. I.C. NOS. 804798 PH-1959Published

1Opinion of the Court

The Full Commission reviewed the prior Opinion and Award based upon the record of the proceedings before Deputy Commissioner Phillips and the briefs and oral arguments before the Full Commission. The appeal by Plaintiff has shown good grounds to reconsider the proceedings before the Deputy Commission. Accordingly, the Full Commission VACATES the Opinion and Award of Deputy Commissioner Phillips and REMANDS this case for trial upon the merits.

ISSUE

Whether Plaintiff's workers' compensation claim is subject to dismissal for the failure to state a claim under the Workers' Compensation Act.

Based…

2Cases cited4 opinions

  1. Joyner v. Rocky Mount MillsCourt of Appeals of North Carolina · 1988
  2. Tubiolo v. Abundant Life Church, Inc.Supreme Court of North Carolina · 2005
  3. Ward v. Wake Co. Board of EducationCourt of Appeals of North Carolina · 2004
  4. Boyd v. MitchellCourt of Appeals of North Carolina · 1980

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