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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA08-355 NORTH CAROLINA COURT OF APPEALS Filed: ROBERT COSTON, Employee, Plaintiff, v. SMITHFIELD PACKING, INC., Employer, and N. C. Industrial Commission I.C. No. 605852 16 December 2008

GALLAGHER BASSETT SERVICES, Carrier, Defendants.

Court of Appeals Slip Opinion
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Appeal by Defendants from Opinion and Award of the North Carolina Industrial Commission entered 7 December 2007. the Court of Appeals 23 September 2008. Greg Jones & Associates, P.A., by Cameron D. Simmons, for plaintiff-appellee. Lewis & Roberts, P.L.L.C., by John D. Elvers and Sarah C. Blair, for defendant-appellants. WYNN, Judge. Under the North Carolina Workers' Compensation Act, an injury arising out of and in the course of the employment is compensable when caused by "accident."1 Defendants2 contend that the full North
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N.C. Gen. Stat

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