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SKILLIN v. MAGNA CORP./GREENE'S TREE SERV.

No. COA01-768.

566 S.E.2d 717 (2002)

Regina SKILLIN, Administratrix of the Estate of James Burgess, Deceased Employee and/or Deceased Sole Proprietor, Plaintiff, v. MAGNA CORPORATION/GREENE'S TREE SERVICE, INC., Employer, Self-Insured (Gallagher Bassett Services, Inc., Administrator), Defendant.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Root & Root, P.L.L.C., by Louise Critz Root, Weaverville, for the plaintiff-appellee.

McAngus, Goudelock & Courie, P.L.L.C., by John T. Jeffries and Christine Latona, for the defendants-appellants.

HUDSON, Judge.

Defendants appeal from an opinion and award of the North Carolina Industrial Commission (the "Commission") giving workers' compensation benefits to Regina Skillin ("plaintiff") as the administratrix of the estate of James Stanley Burgess ("Burgess" or "decedent"). We affirm.

Relevant to this appeal are the following facts, as found by the Commission. Decedent was a "self-employed independent contractor" who performed tree climbing and other...

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