North Carolina Industrial Commission, 2002

Johnson v. United Parcel Service

North Carolina Industrial Commission · Decided June 27, 2002 · <center> AMENDED OPINION AND AWARD for the Full Commission by BERNADINE S. BALLANCE, Commissioner</center>

Counsel

APPEARANCES Plaintiff: Mast Schulz Mast Mills Stem, Attorneys, Smithfield, North Carolina; Charles D. Mast, Counsel of Record. Monroe, Wyne and Lennon, Attorneys, Raleigh, North Carolina; George W. Lennon, Prior Counsel of Record. Defendants: Cranfill, Sumner Hartzog, Attorneys, Raleigh, North Carolina; P. Collins Barwick, Counsel of Record.

Opinion of the Court

***********Paragraph 3 of the Award section of the 20 October 2000 Opinion and Award is hereby stricken and replaced with the following:

3. Defendant shall pay to plaintiff's counsel the sum of 33 and 1/3% of accrued total disability benefits beginning on 27 May 1997. In addition, plaintiff's counsel is entitled to a reasonable attorney's fee of 33 and 1/3% of plaintiff's unaccrued continuing total disability benefits. Defendants shall pay directly to plaintiff's counsel every third weekly check of plaintiff's unaccrued continuing total disability benefits, so long as plaintiff receives such benefits.

The remainder of the 20 October 2000 Opinion and Award of the Full Commission remains in full force and effect.

This the ___ day of January, 2002.

S/___________________________ BERNADINE S. BALLANCE COMMISSIONER

CONCURRING:

S/___________________________ LAURA K. MAVRETIC COMMISSIONER
S/____________________________ DIANNE C. SELLERS COMMISSIONER

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