Employment Security Commission v. Peace

McCRODDEN, Judge.

Based upon its lone assignment of error, the Commission argues only that the trial court erred in awarding attorney’s fees because N.C. Gen. Stat. § 96-17(bl) (1993) prohibits such an award.

Respondent filed his claim under Article 2 of the Employment Security Law, N.C. Gen. Stat. §§ 96-8 to -19 (1993). Section 96-17(b1) states, “[e]xcept as otherwise provided in this Chapter ... in any court proceeding under this Chapter each party shall bear its own costs and legal fees.” This statute “directly addresses the issue of attorneys’ fees . . . [and] is specific to actions under…