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DAVIS v. WEYERHAEUSER CO.

No. 8910IC108.

386 S.E.2d 740 (1989)

William Alfred DAVIS, Employee, Plaintiff, v. WEYERHAEUSER COMPANY, Employer, Self-Insurer (Crawford and Company), Defendant.

Court of Appeals of North Carolina.

December 19, 1989.

Attorney(s) appearing for the Case

Taft, Taft and Haigler by Thomas F. Taft, Vickie Bletso and Nicholas Empson, Raleigh, for plaintiff-appellant.

Wallace, Morris, Barwick and Rochelle by Thomas H. Morris and Martha B. Beam, Kinston, for defendant-appellee.

EAGLES, Judge.

Plaintiff assigns as error the Commission's failure to direct defendant to pay compensation to plaintiff including attorney's fees incurred in the workers' compensation claim and in the third party action. Plaintiff argues that the Commission erred by allowing a credit against third party proceeds, contrary to the terms of G.S. 97-61.5 and 97-10.2 and the distribution scheme set out in Hogan v. Johnson Motor Lines, 38 N.C. App...

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