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IN THE SUPREME COURT OF NORTH CAROLINA

No. 487A04

FILED: 4 MARCH 2005

ELIZABETH EDMONDS, Employee

v.

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.

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.