KATIE DAWN ADAMS ADMINISTRATOR OF THE ESTATE OF MARCELLO GODOFREDO RENDON HERNANDEZ v. << (2024)

Court of Appeals of North Carolina.

KATIE DAWN ADAMS, ADMINISTRATOR OF THE ESTATE OF MARCELLO GODOFREDO RENDON HERNANDEZ, Plaintiff, v.
HAJOCA CORPORATION, et al., Defendants, and HAJOCOA CORPORATION and ANDREW WEYMOUTH, Third-Party Plaintiffs, v. ROBERT CRAWFORD, Individually, and ROBERT CRAWFORD d/b/a ROBERT CRAWFORD MASONRY, Third-Party Defendants.

No. COA23-1006

Decided: April 16, 2024

Martineau King PLLC, by Elizabeth A. Martineau, and Geoffrey A. Marcus, for the appellee. McAngus, Goudelock & Courie, PLLC, by Jeffrey Kuykendall, for the appellant.

This case was consolidated for hearing only with two other cases: Hernandez v. Hajoca Corporation et al., COA 23-1001 and Sanchez v. Hajoca Corporation et al., COA 23-1003. All three cases arise from the same factual background and raise identical legal issues.

For the reasons stated in this Court's published opinion in Hernandez v. Hajoca Corporation, COA 23-1001, the exclusivity provision of the Workers Compensation Act vests exclusive jurisdiction over the claims against them in the Industrial Commission. N.C. Gen. Stat. § 97-10.1 (2023).

The order is reversed, and the cause is remanded for order of dismissal of Third-Party Plaintiffs’ complaint. It is so ordered.

REVERSED AND REMANDED.

Report per Rule 30(e).

PER CURIAM.

Panel consisting of Judges Tyson, Griffin, and Flood.

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