Wiggins v. Bushranger Fence Co.

COZORT, Judge.

This appeal presents the question of whether the superior court has discretion under N.C. Gen. Stat. § 97-10.2Q) (1991) to eliminate a subrogation lien on worker’s compensation benefits paid to a fatally injured employee’s family. We hold that it does.

Trevis Wiggins (decedent) was killed on 3 February 1993 while performing his duties as a night supervisor for the Budget Rent-A-Car agency (the agency) near Raleigh-Durham International Airport. Decedent’s duties included shutting a four hundred pound sliding gate, which blocked entry to the agency’s premises during off-hours.…