Cox v. Pitt County Transportation Company

The primary question presented on this appeal is whether our Declaratory Judgment Act may be used to determine whether or not the employer’s insurance earlier is entitled to the right of subrogation against the funds received from the third party, tort feasor, under the provisions of G.S. 97-10.2, or does the Industrial Commission have the exclusive original jurisdiction to determine the question posed herein.

It is pointed out in G.S. 97-10.2 (f) (1): “If the employer has filed a written admission of liability for benefits under this chapter with, or if an award final in nature in favor of…