All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.

IN THE SUPREME COURT OF NORTH CAROLINA

No. 10PA03

FILED: 25 JUNE 2004

DIANE ATKINS, Employee

v.

KELLY SPRINGFIELD TIRE COMPANY, Employer

TRAVELERS INSURANCE COMPANY, Carrier

On discretionary review pursuant to N.C.G.S. §7A-31 of a unanimous decision of the Court of Appeals, 154 N.C. App. 512, 571 S.E.2d 865 (2002), reversing an opinion and award entered by the North Carolina Industrial Commission on 4 October 2001 and remanding for further proceedings. Heard in the Supreme Court 13 October 2003.

Law Offices of Kathleen G. Sumner, by Kathleen G. Sumner; and Jay A. Gervasi, Jr., for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Jonathan C. Anders and Jaye E. Bingham, for defendant-appellants.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by M. Duane Jones, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.

Teague, Campbell, Dennis & Gorham, L.L.P., by Linda Stephens, Bruce A. Hamilton, and Season D. Atkinson, on behalf of the North Carolina Association of Self-Insurers, amicus curiae.

Mark T. Sumwalt, P.A., by Vernon Sumwalt, on behalf of The North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.