CREED v. R.G. SWAIM AND SON, INC.

No. COA95-645.

472 S.E.2d 213 (1996)

Gladys P. CREED, Administratrix of the estate of Jimmy Gray Creed, Deceased, Employee-Plaintiff, v. R.G. SWAIM AND SON, INC., Employer, Nationwide Mutual Insurance Company, Carrier, Defendant.

Court of Appeals of North Carolina.

July 2, 1996.


Attorney(s) appearing for the Case

Gardner, Gardner, & Johnson by Carroll F. Gardner and John C.W. Gardner, Jr., Mount Airy, for plaintiff appellant.

Teague, Campbell, Dennis & Gorham, L.L.P. by Linda Stephens and Donald F. Lively, Raleigh, for defendant appellees.


ARNOLD, Chief Judge.

The sole issue on appeal is whether Nationwide, as the workers' compensation carrier, is entitled to be subrogated to plaintiff's underinsured motorist benefits. Plaintiff argues that the Commission erred in concluding that Nationwide has a lien on the proceeds of plaintiff's underinsured motorist policy. We disagree.

The rights and interests of the employee-beneficiary, the employer, and the employer's insurance carrier, with respect...

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