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subject to modification and technical correction prior to official publication
in the North Carolina Reports and North Carolina Court of Appeals Reports. In
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IN THE SUPREME COURT OF
NORTH CAROLINA
No. 415PA05
FILED: 18 AUGUST 2006
CAROLINE D’AQUISTO,
Employee
v.
MISSION ST. JOSEPH’S
HEALTH SYSTEM, Employer,
CAMBRIDGE INTEGRATED
SERVICES, Servicing Agent
On discretionary review pursuant to
N.C.G.S. §7A-31 of a unanimous decision of the Court of Appeals, 171 N.C. App.
216, 614 S.E.2d 583 (2005), affirming an opinion and award filed on 20 May 2004
by the North Carolina Industrial Commission.
Heard in the Supreme Court 18 April 2006.
The
Sumwalt Law Firm, by Vernon Sumwalt, and Ganly & Ramer, PLLC, by Thomas F.
Ramer, for plaintiff-appellee.
Van
Winkle Buck Wall Starnes & Davis, PA, by Allan R. Tarleton, for
defendant-appellant Mission St. Joseph’s Health System.
PER
CURIAM.
As
to whether the Court of Appeals erred by affirming the imposition of sanctions
against defendant under N.C.G.S. §97-88.1, we hold that based upon the specific
facts of this case, defendant’s defense of plaintiff’s claims was not without
reasonable grounds. We further conclude
that the petition for discretionary review as to additional issues was
improvidently allowed.
Thus we reverse that portion of the Court of Appeals opinion affirming the imposition of sanctions and remand this case to the Court of Appeals for remand to the Industrial Commission for further proceedings not inconsistent with this opinion.
REVERSED
IN PART AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.