Hogan Ex Rel. Hogan v. Johnson Motor Lines

PARKER, Judge.

By this appeal the appellants challenge as unconstitutional the provision in G.S. 97-10.2(f)(2) which directs that the attorney fee incurred by the party who effects recovery against a third party tort-feasor be apportioned between and paid by the employee and employer in proportion to the amount which each receives from the recovery. We find the statute constitutional and affirm the order of the Industrial Commission.

As originally enacted, the North Carolina Workmen’s Compensation Act required an employee injured by the tort of a third party to elect between accepting an award…