Austin v. Continental General Tire

PROCEDURAL HISTORY

The Full Commission issued an Opinion and Award in this case sitting en banc on December 18, 1998. Defendant appealed this decision to the North Carolina Court of Appeals. On December 29, 2000, the Court of Appeals filed a decision (141 N.C. App. 397,540 S.E.2d 824 (2000)), affirming the Full Commission Opinion and Award, with Judge Green dissenting. The case was appealed to the North Carolina Supreme Court and, in a per curiam decision, the Court adopted Judge Green's dissent and reversed and remanded the case (354 N.C. 344, 553 S.E.2d 680 (2001)).

Upon remand, Chairman Buck…