McNAIR v. SUPERIOR CONSTR. CO., 248030 (NCIC 2-24-2004)

I.C. NO. 248030North Carolina Industrial Commission
Filed 24 February 2004

ORDER DISMISSING MOTION FOR RECONSIDERATION AND INVESTIGATION by PAMELA T. YOUNG, Commissioner, N.C. Industrial Commission.
This matter is before the undersigned on Plaintiff’s motion for reconsideration and investigation. Plaintiff appealed the decision of the Full Commission and pursuant to Rule 18 of the North Carolina Rules of Appellate Procedure and based on the record in this matter, this appeal has been dismissed because plaintiff failed to timely perfect his record on appeal. Furthermore, all matters in this appeal have been addressed and resolved

Plaintiff wrote to the Commission on December 18, 2003, asking for reconsideration and investigations into a claim that has been properly closed. Based on the record in this matter, the undersigned finds dismissal of Plaintiff’s appeal is proper.

APPEARANCES
Plaintiff: Pro Se.

Defendants: Hendrick Eatman Gardner Kincheloe LLP, Attorneys at Law, Charlotte, North Carolina; W. James Flynn, counsel of record.

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IT IS HEREBY ORDERED that Defendant’s motion to dismiss Plaintiff’s motion to reconsider and investigate is GRANTED as Plaintiff’s claim is closed and all appeals have been exhausted. Plaintiff’s appeal to the North Carolina Court of Appeals and all pending motions are hereby DISMISSED.

S/_____________ PAMELA T. YOUNG COMMISSIONER