LEWIS v. Penn National Insurance Company, Carrier. (2006)

Supreme Court of North Carolina.

Randy R. LEWIS, Employee v. BEACHVIEW EXXON SERVICE, Employer, Penn National Insurance Company, Carrier.

No. 645A05.

Decided: May 05, 2006

Wilson & Ratledge, P.L.L.C., by Perry J. Pelaez, Raleigh, for plaintiff-appellee. Cranfill, Sumner & Hartzog, L.L.P, by Buxton S. Copeland and Meredith T. Black, Raleigh, for defendant-appellants.

As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed. This case is remanded to the Court of Appeals for remand to the North Carolina Industrial Commission for further findings of fact and conclusions of law on the issue of estoppel.

REVERSED AND REMANDED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

PER CURIAM.

Justice WAINWRIGHT did not participate in the consideration or decision of this case.

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