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MILLS v. CITY OF NEW BERN

No. COA95-695.

468 S.E.2d 587 (1996)

Thomas Edward MILLS, Sr., Employee, Plaintiff, v. CITY OF NEW BERN, Self-Insured Employer, (Gab Business Services, Servicing Agent), Defendants.

Court of Appeals of North Carolina.

April 16, 1996.

Attorney(s) appearing for the Case

Voerman & Carroll, P.A. by David P. Voerman, New Bern, for plaintiff-appellee.

Maupin Taylor Ellis & Adams, P.A. by Jack S. Holmes and Brian D. Lake, Raleigh, for defendant-appellant.

GREENE, Judge.

The City of New Bern (defendant) appeals from a 4 April 1995 opinion and award of the Industrial Commission (Commission) which reversed the deputy commissioner's decision, and awarded Thomas Edward Mills, Sr. (plaintiff) worker's compensation benefits for a knee injury.

It is undisputed that plaintiff, a police officer for defendant, received an injury to his left knee while chasing a suspect on 15 May 1993. It is further undisputed that plaintiff...

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