Dean v. Cone Mills Corp., 312 N.C. 487 (1984)

Dec. 4, 1984 · Supreme Court of North Carolina · No. 203A84
312 N.C. 487

JAMES A. DEAN, Employee v. CONE MILLS CORPORATION, Employer, and LIBERTY MUTUAL INSURANCE COMPANY, Carrier

No. 203A84

(Filed 4 December 1984)

Appeal pursuant to N.C.G.S. 7A-30(2) by plaintiff from the Court of Appeals’ decision, 67 N.C. App. 237, 313 S.E. 2d 11 (1984), affirming the Industrial Commission’s denial of workers’ compensation benefits, one judge dissenting.

Hassell, Hudson and Lore, by Charles R. Hassell, Jr., for plaintiff appellant.

Maupin, Taylor and Ellis, P.A., by David V. Brooks, for defendant appellees.

PER CURIAM.

The decisions of the Court of Appeals and the Industrial Commission are vacated and the case is remanded to the Court of Appeals for further remand to the Industrial Commission for reconsideration by the Commission in light of this Court’s opinion in Rutledge v. Tultex Corporation, 308 N.C. 85, 301 S.E. 2d 359 (1983).

Vacated and remanded.