Davis v. Weyerhaeuser Co.

EAGLES, Judge.

Plaintiff assigns as error the Commission’s failure to direct defendant to pay compensation to plaintiff including attorney’s fees incurred in the workers’ compensation claim and in the third party action. Plaintiff argues that the Commission erred by allowing a credit against third party proceeds, contrary to the terms of G.S. 97-61.5 and 97-10.2 and the distribution scheme set out in Hogan v. Johnson Motor Lines, 38 N.C. App. 288, 248 S.E. 2d 61 (1978). Plaintiff contends that the Commission’s reliance on G.S. 97-42 in allowing the credit against third party proceeds was…