Johnson v. Southern Industrial Constructors, Inc.

LAKE, Justice.

This is a workers’ compensation case presenting the question of whether a superior court may assert its jurisdiction over the jurisdiction of the Industrial Commission, pursuant to the provisions of N.C.G.S. § 97-10.2(j), by adding assumed future workers’ compensation benefits to those currently paid by the employer, to establish that an employee’s recovery from a third-party tort-feasor was insufficient to compensate the employer’s subrogation lien, and thus allow the trial court to determine the amount and distribution of such lien. The Court of Appeals held that the trial…