Legal Opinion

Cawthorn v. Mission Hospital, Inc.

Court of Appeals of North Carolina

Decided April 19, 2011No. COA10-748PublishedCited by 1 opinion

1Opinion of the Court

BEASLEY, Judge.

Terry Cawthorn (Plaintiff) and Mission Hospital, Inc. (Defendant) both appeal from the Commission’s opinion and award entitling Plaintiff to ongoing temporary total disability compensation and payment of related medical treatment, and finding Defendant did not deny Plaintiff’s claim or defend the action without reasonable grounds. For the following reasons, we affirm the Commission’s award of benefits but reverse its finding that Defendant acted reasonably in defending the claim and remand for a determination of attorney’s fees under N.C. Gen. Stat. § 97-88.1.

On 20 October…

2Cases cited20 opinions

  1. Adams v. AVX Corp.Supreme Court of North Carolina · 1998
  2. Booker v. Duke Medical CenterSupreme Court of North Carolina · 1979
  3. Holley v. Acts, Inc.Supreme Court of North Carolina · 2003
  4. Deese v. Champion International Corp.Supreme Court of North Carolina · 2000
  5. Sparks v. Mountain Breeze Restaurant & Fish House, Inc.Court of Appeals of North Carolina · 1982

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3Cited by1 opinion

  1. Chaffins v. Tar Heel Capital Corp.Court of Appeals of North Carolina · 2013

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