Sutton v. Ward

EAGLES, Judge.

Where a motion for summary judgment is granted, the critical question for determination on appeal is whether, on the basis of the material presented to the trial court, there is a genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law. Oliver v. Roberts, 49 N.C. App. 311, 271 S.E. 2d 399 (1980). On the undisputed facts before us, we hold that summary judgment was appropriate.

G.S. 97-10.1 provides that the rights and remedies granted an employee under the Workers’ Compensation Act exclude all other rights and remedies against the…