{
  "id": 8205376,
  "name": "JAMES MYLES, Employee, Plaintiff v. LUCAS AND McCOWAN MASONRY, Employer, THE TRAVELERS, Carrier, Defendants",
  "name_abbreviation": "Myles v. Lucas & McCowan Masonry",
  "decision_date": "2007-06-05",
  "docket_number": "No. COA06-1266",
  "first_page": "665",
  "last_page": "666",
  "citations": [
    {
      "type": "official",
      "cite": "183 N.C. App. 665"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "616 S.E.2d 588",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
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        12633595
      ],
      "year": 2005,
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          "page": "591"
        }
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      "case_paths": [
        "/se2d/616/0588-01"
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    {
      "cite": "172 N.C. App. 549",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8320812
      ],
      "year": 2005,
      "pin_cites": [
        {
          "page": "553"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/172/0549-01"
      ]
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    "sha256": "b1dd2c6a5333a9455dd9b9f365ad7b1fea56a8cd8aa2f1a80e416fa356f2bb51",
    "simhash": "1:f4b707e12bb7ff34",
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  "last_updated": "2023-07-14T15:07:58.512650+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Panel consisting of: Judges HUNTER, TYSON, and JACKSON."
    ],
    "parties": [
      "JAMES MYLES, Employee, Plaintiff v. LUCAS AND McCOWAN MASONRY, Employer, THE TRAVELERS, Carrier, Defendants"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nJames Myles (\u201cplaintiff\u2019) appeals the order of the North Carolina Industrial Commission (\u201cCommission\u201d), which denied plaintiff\u2019s request for workers\u2019 compensation benefits while he was incarcerated but before he was convicted. Because we do not have jurisdiction to hear this case, we dismiss plaintiff\u2019s appeal.\nPlaintiff presented one issue for our review: Whether the equal protection clauses of the United States and North Carolina Constitutions allow the Commission to deny disability benefits during an employee\u2019s pre-conviction incarceration. Where a party appeals a constitutional issue from the Commission and fails to file a petition for certiorari or fails to have the question certified by the Commission, this Court is without jurisdiction. Carolinas Medical Center v. Employers And Carriers Listed in Exhibit A, 172 N.C. App. 549, 553, 616 S.E.2d 588, 591 (2005). In the instant case, there is no evidence in the record that the Commission has certified the question nor is there any evidence that a petition for certiorari was filed. Accordingly, we are without jurisdiction to hear this case. For the foregoing reasons, plaintiff\u2019s appeal is dismissed.\nDismissed.\nPanel consisting of: Judges HUNTER, TYSON, and JACKSON.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Scudder & Hedrick, by Alice Tejada, for plaintiff-appellant.",
      "Hedrick, Eatman, Gamder & Kincheloe, L.L.P., by Thomas M. Morrow and Susan J. Vanderweert, for defendant-appellees."
    ],
    "corrections": "",
    "head_matter": "JAMES MYLES, Employee, Plaintiff v. LUCAS AND McCOWAN MASONRY, Employer, THE TRAVELERS, Carrier, Defendants\nNo. COA06-1266\n(Filed 5 June 2007)\nWorkers\u2019 Compensation\u2014 constitutional claim from Industrial Commission \u2014 not certified by Commission \u2014 no petition for certiorari \u2014 dismissed\nThe Court of Appeals did not have jurisdiction and dismissed an appeal from the denial of workers\u2019 compensation benefits for an inmate where plaintiff presented a constitutional question but there was no indication that the Industrial Commission certified the question or that a petition for certiorari was filed.\nAppeal by plaintiff from an opinion and award entered 29 June 2006 by the North Carolina Industrial Commission. Heard in the Court of Appeals 28 March 2007.\nScudder & Hedrick, by Alice Tejada, for plaintiff-appellant.\nHedrick, Eatman, Gamder & Kincheloe, L.L.P., by Thomas M. Morrow and Susan J. Vanderweert, for defendant-appellees."
  },
  "file_name": "0665-01",
  "first_page_order": 697,
  "last_page_order": 698
}