Fogleman v. D & J EQUIPMENT RENTAL, INC.

MCCRODDEN, Judge.

This action arises out of a claim made by plaintiffs for injuries that plaintiff Joel Fogleman (Fogleman) sustained under circumstances warranting coverage under the Workers’ Compensation Act, N.C. Gen. Stat. §§ 97-1 to -101 (1991). The dispositive issue raised by the case is whether it was error for the trial court to apply in this case the amended version of N.C.G.S. § 97-10.2, pertaining to subrogation procedure, which became effective 1 October 1991.

The particular facts giving rise to this case are as follows. On 13 February 1989, Fogleman, a welder employed by appellant…