Workers’ Compensation – Attorney’s Fees – G.S. § 97-90 – Reasonableness – Other Party

Hurley v. Wal-Mart Stores, Inc. (Lawyers Weekly No. 12-08-0798, 7 pp.) (Staci T. Meyer, Commissioner) On remand from the N.C. Court of Appeals. I.C. No. 123037

Holding: G.S. § 97-90(c) gives the Industrial Commission the authority to determine the reasonableness of an attorney’s fee but not to require a defendant to pay a plaintiff’s legal fees. The deputy commissioner found that plaintiff was not entitled to attorney’s fees under G.S. § 97-88.1, and that ruling was not appealed. Although defendants appealed this matter to the full Commission, the full Commission is not ordering defendants to pay or continue paying benefits to plaintiff, so plaintiff is not entitled to attorney’s fees under G.S. § 97-88.

The deputy commissioner erred by ordering defendants to pay plaintiff’s attorney’s fees. Plaintiff’s counsel’s request for attorney’s fees to be paid by defendants is denied.