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Home / Courts / Workers’ Compensation – Third-party Settlement – Claim of Lien – Jurisdiction – G.S. § 97-10.2 (access required)

Workers’ Compensation – Third-party Settlement – Claim of Lien – Jurisdiction – G.S. § 97-10.2 (access required)

Kingston v. Lyon Construction Co. Because the settlement agreements between the claimant and manufacturers of asbestos products have already been performed, those settlements are final pursuant to G.S. § 97-10.2(j), which is sufficient to invoke the trial court's subject matter jurisdiction. The employer's filing of a Rule 60(b) motion to introduce newly-discovered evidence prior to the issuance of a final order was premature. The trial court's findings of fact demonstrate that it did not abuse its discretion when it reduced the employer's lien rights to zero.

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