Winkles v. Thorne Industries

While the Commission may assess a reasonable attorney's fee for the plaintiff against the insurer upon review of any appeal by the insurer that concludes with an award to the claimant,Harwell v. Thread, 78 N.C. App. 437, 337 S.E.2d 112 (1985), it normally exercises its discretion to do so only when the insurer's appeal is so lacking in merit that it is perceived to be an unfair imposition on the plaintiff. That is not the case here. Instead, the amount in controversy is so small that, but for the professionalism of her counsel, plaintiff might not be represented on appeal. The fee award below…