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. 55A07

FILED: 12 OCTOBER 2007

MICKEY PLOTT, Employee

v.

BOJANGLE’S RESTAURANTS, INC., Employer,

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA c/o AIG CLAIM SERVICES, Carrier

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. ___, 638 S.E.2d 571 (2007), reversing and remanding an opinion and award filed on 8 July 2005 by the North Carolina Industrial Commission. Heard in the Supreme Court 12 September 2007.

Raymond M. Marshall and Jay A. Gervasi, Jr. for plaintiff-appellee.

Robinson & Lawing, L.L.P., by Jolinda J. Babcock, for defendant-appellants.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

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