***********The undersigned have reviewed the Order of Deputy Commissioner Rowell based upon the evidentiary record. Having found that plaintiff received the settlement funds thirty-six (36) days following Industrial Commission approval of his compromise settlement agreement and that the June 15, 2001, amendments to N.C.G.S. §
97-17 do not remove the right of either party to appeal within fifteen (15) days of approval pursuant to N.C.G.S. §
97-85 for the reasons enumerated in N.C.G.S. §
97-17
which include fraud, misrepresentation, undue influence or mutual mistake, the Full Commission AFFIRMS the Order of the Deputy Commissioner denying plaintiff's motion for a ten percent (10%) late payment penalty.
This the ___ day of March 2002.
S/____________ BUCK LATTIMORE CHAIRMAN
CONCURRING:
S/_____________ THOMAS J. BOLCH COMMISSIONER
S/______________________ LAURA KRANIFELD MAVRETIC COMMISSIONER