The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.
REVERSED.
Taylor v. Bridgestone/Firestone, 357 N.C. 565 (2003)
Nov. 7, 2003
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Supreme Court of North Carolina
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No. 280A03
357 N.C. 565
PHIL S. TAYLOR, Employee v. BRIDGESTONE/FIRESTONE, Employer, GALLAGHER BASSETT SERVICES, Carrier
No. 280A03
(Filed 7 November 2003)
Workers’ Compensation— future medical treatment — initial burden of proof
The decision of the Court of Appeals in a workers’ compensation case is reversed for the reason stated in the dissenting opinion in the Court of Appeals that there was competent evidence in the record to support the Industrial Commission’s finding that plaintiff failed to meet his initial burden of proving that there was a substantial risk of future medical treatments.
Appeal pursuant to N.C.G.S. § 7A-30(2.) from the decision of a divided panel of the Court of Appeals, 157 N.C. App. 453, 579 S.E.2d 413 (2003), vacating an opinion and award of the North Carolina Industrial Commission filed 18 January 2002 and remanding for rehearing and findings of fact. Heard in the Supreme Court 14 October 2003.
Edwards & Ricci, P.A., by Brian M. Ricci, for plaintiff-appellee.
Cranfill, Sumner & Hartzog, L.L.P., by David A. Rhoades and Jaye E. Bingham, for defendant-appellants.