N.C. Court of Appeals rules to uphold workers’ compensation settlement
The North Carolina Court of Appeals upheld the decision made by the North Carolina Industrial Commission to nullify the original settlement between Danny Allred and his employer Exceptional Landscapes Inc., on May 21, citing unjustness.
Employee Danny Allred, who sustained injuries while performing on-the-job duties in August 2006, initially accepted a $26,000 workers’ compensation settlement in February 2007. However, in 2012 the Industrial Commission voided this settlement, saying the price was not compensatory for the injuries Allred sustained, and ordered the company to pay for his medical expenses and give him $211 weekly in temporary disability compensation.
The appeals court agreed with the decision made by the commission, but negated the requirement that the company pay for Allred’s attorney fees. According to the court, since Exceptional Landscapes didn’t acquire workers’ comp insurance, it didn’t qualify as an insurer and, therefore, isn’t required to cover a claimant’s attorney fees.
To schedule an appointment with the attorneys of Scudder & Hedrick, PLLC, regarding your workers’ compensation issues, call 919-851-3311 today.