JOHNSON v. SOUTHERN INDUS. CONSTRUCTORS

No. 282PA97.

495 S.E.2d 356 (1998)

347 N.C. 530

Charles Lynwood JOHNSON v. SOUTHERN INDUSTRIAL CONSTRUCTORS, INC.

Supreme Court of North Carolina.

February 6, 1998.


Attorney(s) appearing for the Case

Taft, Taft & Haigler, P.A. by Thomas F. Taft and R. Alfred Patrick, Greenville, for plaintiff-appellee.

Teague, Campbell, Dennis & Gorham, L.L.P. by George W. Dennis III, Raleigh, and John R. Green, Jr., for unnamed party-appellants Siemens Energy & Automation, Inc., and Zurich-American Insurance Company.


LAKE, Justice.

This is a workers' compensation case presenting the question of whether a superior court may assert its jurisdiction over the jurisdiction of the Industrial Commission, pursuant to the provisions of N.C.G.S. § 97-10.2(j), by adding assumed future workers' compensation benefits to those currently paid by the employer, to establish that an employee's recovery from a third-party tort-feasor was insufficient to compensate the employer's subrogation...

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