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

Court of Appeals of North Carolina.2024-04-16No. No. COA23-1006

Authorities cited

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Opinion

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 Courts 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.