BROOKOVER v. BORDEN, INC.

No. 9010IC721.

398 S.E.2d 604 (1990)

100 N.C. App. 754

Wade BROOKOVER, Employee, Plaintiff-Appellant, v. BORDEN, INC., Employer, and Essis, Carrier, Defendants-Appellees.

Court of Appeals of North Carolina.

December 4, 1990.


Attorney(s) appearing for the Case

Shelley Blum, Charlotte, for employee, plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by David H. Batten, and Kari L. Russwurm, Raleigh, for defendants-appellees.


HEDRICK, Chief Judge.

The sole question presented for review is whether absent a showing of fraud, misrepresentation, undue influence or mutual mistake, an employee may set aside an agreement made pursuant to G.S. § 97-31 and receive benefits for dimunition of earning ability under G.S. § 97-30. Plaintiff asserts that he was unrepresented by counsel at the time he signed the agreement and that defendants failed to explain to him that he had a right to elect...

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