PEARSON v. C.P. BUCKNER STEEL ERECTION CO.

No. COA96-814.

486 S.E.2d 723 (1997)

Richard D. PEARSON, Employee-plaintiff, v. C.P. BUCKNER STEEL ERECTION COMPANY, Defendant-employer, and Liberty Mutual Insurance Company, Defendant-carrier. Cary Health Care Center, Inc., d/b/a Cary Manor Nursing Home, Intervenor.

Court of Appeals of North Carolina.

July 15, 1997.


Attorney(s) appearing for the Case

Leonard T. Jernigan, Jr., P.A. by Leonard T. Jernigan, Jr. and N. Victor Farah, Raleigh, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by Jeffrey A. Doyle, Raleigh, for defendants-appellants.

Lore & McClearen by R. James Lore, Raleigh, for intervenor-appellee.


LEWIS, Judge.

This appeal presents a question of first impression in this state: Where an employer denies liability but is later ordered to pay reasonable and necessary medical expenses under the Workers' Compensation Act and where Medicaid has already paid a portion of those expenses, does the employer merely have to reimburse Medicaid or must it also pay those expenses authorized by the Act but not covered by Medicaid?

By opinion and award entered 7 February...

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