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WESTMORELAND v. SAFE BUS, INC.

No. 7421DC23.

202 S.E.2d 605 (1974)

20 N.C. App. 632

Barbara C. WESTMORELAND v. SAFE BUS, INC.

Court of Appeals of North Carolina.

February 6, 1974.

Attorney(s) appearing for the Case

Westmoreland & Sawyer by Barbara C. Westmoreland, Winston-Salem, for plaintiff appellee.

Erwin & Hayes by Richard C. Erwin and Roland H. Hayes, Winston-Salem, for defendant appellant.

HEDRICK, Judge.

Defendant, among other things, contends that the District Court has no authority to entertain an action predicated upon the Workmen's Compensation Act. We agree. In an action of the type now before us, the Industrial Commission can award an attorney's fee not to exceed "one third of the amount obtained or recovered of the third party", G.S. § 97-10.2(f)(1)b, provided (1) the employer has filed a written admission of liability for benefits with...

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