Myers v. Bbf Printing Solutions

I concur with the majority in affirming the Full Commission's award of total disability benefits to Mr. Myers. However, because I conclude that BBF Printing Solutions's abandonment of its appeal does not altogether negate its existence, I would affirm the Commission's award of attorney's fees to Mr. Myers. From that portion of the majority's opinion, I therefore respectfully dissent.

North Carolina General Statute § 97-88 refers to the Industrial Commission's "find[ing] that such hearing or proceedings were brought by the insurer" as a necessary step to ordering the insurer to pay attorney's…