Roberts v. ABR Associates, Inc.

GREENE, Judge.

The plaintiff appeals the Opinion and Award of the Industrial Commission filed 29 December 1989 in which the Full Commission concluded that an expense of $3,301.31 incurred by the defendant’s insurance carrier (defendant-carrier) constitutes a lien pursuant to N.C.G.S. § 97-10.2 (1985) on third party settlement funds collected by the plaintiff.

On 25 November 1986, the plaintiff was injured in an automobile accident caused by a third party’s negligence. Because the accident occurred during the course and scope of her employment, the defendant, the plaintiff’s employer, paid…