North Carolina Industrial Commission, 2007

Gregory v. Brigman

North Carolina Industrial Commission · Decided July 18, 2007 · <center> ORDER for the Full Commission by DIANNE C. SELLERS, Commissioner, N.C. Industrial Commission.</center>

Counsel

APPEARANCES Plaintiff: Neither present nor represented by counsel. The Honorable Roy A. Cooper, Attorney General, State of North Carolina North Carolina Department of Justice, Raleigh, North Carolina; Tracy C. Curtner, Assistant Attorney General, Counsel of Record. Defendant: Hornthal, Riley, Ellis and Maland, Attorneys, Elizabeth City, North Carolina; John D. Leidy, Counsel of Record.

Opinion of the Court

* * * * * * * * * * *Plaintiff filed a Notice of Appeal on November 21, 2006. Thereafter, plaintiff failed to file a Form 44, brief, or any other document with the Full Commission setting forth grounds for appeal with particularity.

The Full Commission finds that plaintiff failed to comply with Rule 701 of the North Carolina Workers' Compensation Rules by failing to state with particularity the grounds for his appeal. Roberts v. Wal-MartStores, Inc., 173 N.C. App. 740, 619 S.E.2d 907 (2005).

Accordingly, plaintiff's case against defendants is hereby DISMISSED WITH PREJUDICE.

This the 7^th day of May 2007. *Page 2

S/_________________________
DIANNE C. SELLERS
COMMISSIONER

CONCURRING:

S/_________________________ BERNADINE S. BALLANCE COMMISSIONER
S/_________________________ BUCK LATTIMORE CHAIRMAN

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.