Cornatzer v. Lexington Furniture Industries, Inc.

The undersigned have reviewed plaintiff's motion in detail.

Plaintiff asserts that employer-carrier has withheld $936.06 from amounts due under the April 24, 1995 Opinion and Award. In the discretion of the undersigned, defendants are entitled to deduct $936.06 from the sum due and payable to plaintiff, as a credit, and the same is THEREBY APPROVED. Accordingly plaintiff's motion is DENIED.

The undersigned, in their discretion, have determined that an award of attorneys' fees pursuant to N.C.G.S. § 97-88 is not warranted in the case at hand. Therefore, plaintiff's motion for attorneys' fees is hereby DENIED. Likewise, motions for interest and penalties are HEREBY DENIED.

This the _____ day of __________________________, 1995.

FOR THE FULL COMMISSION

S/ _______________________________ J. HOWARD BUNN, JR. CHAIRMAN

CONCURRING:

S/ _______________________________ COY M. VANCE COMMISSIONER

DISSENTING:

S/ _______________________________ J. RANDOLPH WARD COMMISSIONER

JHB:mj 7/17/95