Legal Opinion

Carter v. Flowers Baking Company

North Carolina Industrial Commission

Decided June 27, 1996No. I.C. No. 926621Published

1Opinion of the Court

The hearing Deputy concluded that defendant's witnesses deliberately concocted a false story of a non-work related injury, and that assessment of attorney's fees per N.C.G.S. § 97-88.1 was appropriate. Plaintiff's counsel had a contingency fee agreement for one-third (1/3) of any recovery, which the Deputy Commissioner found to be reasonable per N.C.G.S. § 97-90(c) (see Finding of Fact 31), and — as the Full Commission understood his Order — he ordered defendants to pay a sum equal to that amount directly to plaintiff's counsel, in addition to compensation awarded, per N.C.G.S. § 97-88.1.…

2Cases cited14 opinions

  1. Sparks v. Mountain Breeze Restaurant & Fish House, Inc.Court of Appeals of North Carolina · 1982
  2. Troutman v. White & Simpson, Inc.Court of Appeals of North Carolina · 1995
  3. Foster v. Western-Electric Co.Supreme Court of North Carolina · 1987
  4. Church v. Baxter Travenol Laboratories, Inc.Court of Appeals of North Carolina · 1991
  5. Morris v. BaileyCourt of Appeals of North Carolina · 1987

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