North Carolina Industrial Commission, 2002

Nester v. Yates Construction Co.

Nester v. Yates Construction Co.
North Carolina Industrial Commission · Decided October 24, 2002 · <center> ORDER for the Full Commission by BUCK LATTIMORE, Chairman, N.C. Industrial Commission.</center>

Counsel

APPEARANCES Plaintiff: Pro Se . Crumley Associates, Attorneys, Winston-Salem, North Carolina; J. William Snyder, (NOW WITHDRAWN). Defendants: Hedrick, Eatman, Gardner Kincheloe, Charlotte, North Carolina; Mel J. Garofalo, Counsel of Record.

Nester v. Yates Construction Co.

Opinion of the Court

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The undersigned have reviewed the prior Order based upon the evidentiary record before Deputy Commissioner Phillip A. Holmes. The appealing party has not shown good grounds to reconsider the evidence or receive further evidence from the parties or their representatives. Having considered the time, effort and results obtained as a result of said attorney's representation of plaintiff in this case, the Full Commission finds that an attorney's fee of $2,000.00 is reasonable pursuant to N.C.G.S. § 97-90. The Full Commission hereby AFFIRMS the Revised Order of Deputy Commissioner Phillip A. Holmes ordering plaintiff to pay his former counsel of record an attorney's fee of $2,000.00 from the settlement proceeds he received in this matter. Should plaintiff fail to comply with this Order, plaintiff's former counsel of record may file appropriate proceedings against plaintiff to collect this award.

This the ___ day of October 2002.

S/____________ BUCK LATTIMORE CHAIRMAN

CONCURRING:

S/______________ RENE C. RIGGSBEE COMMISSIONER

S/_______________ DIANNE C. SELLERS COMMISSIONER

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