#### JAMES LINVILLE BROWN, Plaintiff-Employee v. WALNUT COVE VOLUNTEER FIRE DEPARTMENT, Defendant-Employer, and NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Insurance Carrier

No. 696A84

(Filed 3 June 1986)

Appeal by defendants pursuant to N.C.G.S. § 7A-30(2) of the decision of a divided panel of the Court of Appeals (Judge Hill with Judge Hedrick concurring and Judge Webb dissenting) reported at 71 N.C. App. 409, 322 S.E. 2d 443 (1984), affirming a workers’ compensation award by the Industrial Commission.

Jerry Rutledge for plaintiff appellee.

Tuggle, Duggins, Meschan & Elrod, P.A., by Richard L. Van-ore and J. Reed Johnston, Jr. for defendant appellants.

PER CURIAM.

Affirmed.

Justice BILLINGS took no part in the consideration or decision of this case.