Legal Opinion

Hieb v. HOWELL'S CHILD CARE CENTER, INC.

Court of Appeals of North Carolina

Decided July 2, 1996No. COA95-766PublishedCited by 8 opinions

1Opinion of the Court

ARNOLD, Chief Judge.

Defendants argue that the Commission has exclusive jurisdiction over disbursement of the third party proceeds and therefore erred in not staying Judge Sitton’s order of distribution. Although defendants are correct in asserting that the Commission has exclusive jurisdiction over disbursement of the third party proceeds in this case, it does not follow that the Commission has the authority to stay a superior court order, even if that order were in error.

Under the Workers’ Compensation Act, recovery from a third party tortfeasor is generally distributed by the Industrial…

2Cases cited5 opinions

  1. Hogan v. Cone Mills Corp.Supreme Court of North Carolina · 1985
  2. Butts v. . Montague Bros.Supreme Court of North Carolina · 1935
  3. Robinson v. JP Stevens and Co., Inc.Court of Appeals of North Carolina · 1982
  4. Hieb v. LoweryCourt of Appeals of North Carolina · 1995
  5. Tabron v. Gold Leaf Farms, Inc.Supreme Court of North Carolina · 1967

3Cited by8 opinions

  1. Lewis v. Sonoco Products Co.Court of Appeals of North Carolina · 2000
  2. Clark v. Sanger Clinic, P.A.Court of Appeals of North Carolina · 2005
  3. Hieb v. LoweryCourt of Appeals of North Carolina · 1999
  4. Hieb v. LoweryCourt of Appeals of North Carolina · 1999
  5. Haley v. ABB, Inc.Court of Appeals of North Carolina · 2003

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