All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
MISSION ST. JOSEPH'S HEALTH SYSTEM, Employer,
CAMBRIDGE INTEGRATED SERVICES, Servicing Agent
On discretionary review pursuant to N.C.G.S. § 7A-31 of
a unanimous decision of the Court of Appeals, 171 N.C. App. 216,
614 S.E.2d 583 (2005), affirming an opinion and award filed on 20
May 2004 by the North Carolina Industrial Commission. Heard in
the Supreme Court 18 April 2006.
The Sumwalt Law Firm, by Vernon Sumwalt, and Ganly & Ramer, PLLC, by Thomas F. Ramer, for plaintiff- appellee.
Van Winkle Buck Wall Starnes & Davis, PA, by Allan R. Tarleton, for defendant-appellant Mission St. Joseph's Health System.
As to whether the Court of Appeals erred by affirming the
imposition of sanctions against defendant under N.C.G.S. § 97-
88.1, we hold that based upon the specific facts of this case,
defendant's defense of plaintiff's claims was not without
reasonable grounds. We further conclude that the petition for
discretionary review as to additional issues was improvidently
Thus we reverse that portion of the Court of Appeals opinion affirming the imposition of sanctions and remand this case to theCourt of Appeals for remand to the Industrial Commission for further proceedings not inconsistent with this opinion.
REVERSED IN PART AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.
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