Estes v. N.C. State University

LEWIS, Judge.

The issue before us is whether the Industrial Commission (hereinafter “the Commission”) erred in awarding plaintiff attorney’s fees pursuant to N.C.G.S. § 97-88 (1991). We note that this appeal is the third appeal of this case to this Court. A brief restatement of the procedural history of the case is necessary for resolution of the issue before us.

Plaintiff was employed by self-insured defendant and was injured in a work-related accident on 21 September 1984. Pursuant to plaintiffs request, the case was heard by a deputy commissioner, who concluded that defendant was required to…