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. 163A08

FILED: 1 MAY 2009

ESTATE OF RANDY BENNETT FREEMAN, Employee, DEBORAH LYNN FREEMAN, Fiduciary

v.

J.L. ROTHROCK, INC., Employer,

NORTH AMERICAN SPECIALTY, Carrier,

AEQUICAP CLAIMS SERVICES, INC. (formerly CLAIMS CONTROL, INC.), Administrator

Appeal pursuant to N.C.G.S. §7A-30(2) from the decision of a divided panel of the Court of Appeals, 189 N.C. App. 31, 657 S.E.2d 389 (2008), reversing an opinion and award filed 9 November 2006 by the North Carolina Industrial Commission. On 11 June 2008, the Supreme Court allowed plaintiff’s petition for discretionary review of additional issues. Heard in the Supreme Court 16 December 2008.

Jay Gervasi, P.A., by Jay A. Gervasi, Jr., for plaintiff-appellant.

Brooks, Stevens & Pope, P.A., by Joy H. Brewer and Ginny P. Lanier, for defendant-appellees.

PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion, and the case is remanded to the Court of Appeals for consideration of the remaining assignments of error. Discretionary review was improvidently allowed as to the additional issues.

REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.