Radzisz v. Harley Davidson of Metrolina, Inc.

JOHN, Judge.

Defendants appeal an award to plaintiff of benefits under the Worker’s Compensation Act (the Act) by the North Carolina Industrial Commission (the Commission), contending the “Commission err[ed] in concluding defendants were not entitled to a subrogation interest or lien interest against the third-party settlement received by plaintiff [under] N.C.G.S. § 97-10.2.” We agree.

Pertinent factual and procedural background information is as follows: Plaintiff, a motorcycle mechanic employed by defendant-appellant Harley-Davidson of Metrolina, Inc. (Harley), was involved in a collision…