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
FILED: 4 MARCH 2005
ELIZABETH EDMONDS, Employee
FRESENIUS MEDICAL CARE, Employer,
SELF-INSURED (CNA Claim Plus, Servicing Agent)
Appeal pursuant to N.C.G.S. §7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 600 S.E.2d 501 (2004), affirming an opinion and award entered by the North Carolina Industrial Commission on 5 May 2003. Heard in the Supreme Court 7 February 2005.
Randy D. Duncan for plaintiff-appellee.
Hedrick Eatman Gardner & Kincheloe, LLP, by Mel J. Garofalo and Shannon P. Herndon, for defendant-appellant Fresenius Medical Care.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.