Creed v. R.G. Swaim & Son, Inc.

ARNOLD, Chief Judge.

The sole issue on appeal is whether Nationwide, as the workers’ compensation carrier, is entitled to be subrogated to plaintiff’s under-insured motorist benefits. Plaintiff argues that the Commission erred in concluding that Nationwide has a lien on the proceeds of plaintiff’s underinsured motorist policy. We disagree.

The rights and interests of the employee-beneficiary, the employer, and the employer’s insurance carrier, with respect to a tort action against a third party, are governed by N.C. Gen. Stat. § 97-10.2 (1991). This statute provides, in pertinent part:

*127(f)(1) If…