North Carolina Industrial Commission, 1998

Lowdermilk v. Drexel Heritage Furn.

Lowdermilk v. Drexel Heritage Furn.
North Carolina Industrial Commission · Decided May 20, 1998 · <center> OPINION AND AWARD WRITTEN FOR THE FULL COMMISSION BY THOMAS J. BOLCH, COMMISSIONER</center>

Counsel

APPEARANCES Plaintiff: COX, GAGE SASSER, Attorneys, Morganton, North Carolina; Robert H. Gage, Counsel of Record. Defendants: MORRIS, YORK, WILLIAMS, SURLES BREARLEY, Attorneys, Charlotte, North Carolina; Kimberly Quade Cacheris, Counsel of Record. ***********

Lowdermilk v. Drexel Heritage Furn.

Opinion of the Court

The Full Commission has reviewed the prior Order Approving Compromise Settlement Agreement before Deputy Commissioner William Bost. The appealing party has not shown good ground to reconsider the evidence; receive further evidence; rehear the parties or their representatives; or amend the Order, except with the modification of the attorney fee.

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The parties now have executed and submitted for approval a compromise settlement agreement. The agreement is incorporated herein with reference, and is approved in the amount of $36,750.00. Compliance with the terms of the agreement shall discharge defendants from further liability under the Workers' Compensation Act by reason of the injury giving rise to this claim.

An attorney's fee of $11,025.00 is approved for plaintiff's counsel. This amount shall be deducted from the sum due plaintiff and paid directly to plaintiff's counsel.

It is to be noted, however, that this Order does not purport to approve, resolve or address any issue or matter over which the Industrial Commission has no jurisdiction, whether or not such issue or matter is referred to in the compromise settlement agreement executed by the parties in this action.

Defendants shall pay the costs.

This the 6th day of May 1998.

S/ ____________ THOMAS J. BOLCH COMMISSIONER

CONCURRING:

S/ ______________ CHRISTOPHER SCOTT COMMISSIONER

S/ ______________ DIANNE C. SELLERS COMMISSIONER

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.