IN THE SUPREME COURT OF NORTH CAROLINA

Filed: 9 April 1999

No. 532A98

RICHARD K. MORRIS,

Employee

v.

US AIRWAYS, INC.,

Employer;

and

PLANET INSURANCE COMPANY,

Carrier;

ALEXSIS, INC.,

Servicing Agent

Appeal by defendants pursuant to N.C.G.S. §7A-30(2) from an unpublished decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, ___ S.E.2d ___ (Nov. 17, 1998) (No. COA97-1449), affirming an opinion and award of the North Carolina Industrial Commission entered 11 June 1997. Heard in the Supreme Court 10 March 1999.

Walden & Walden, by Daniel S. Walden and Margaret D. Walden, for plaintiff-appellee.

Brooks, Stevens & Pope, P.A., by Robert H. Stevens, Jr., Bambee N. Booher, and Joy H. Brewer, for defendant-appellants.

PER CURIAM.

AFFIRMED.

Justice MARTIN did not participate in the consideration or decision of this case.