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U.S. FIDELITY AND GUAR. CO. v. JOHNSON

No. COA97-292.

495 S.E.2d 388 (1998)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. Nancy O. JOHNSON, Executrix of the Estate of Melvin Miller Johnson and Teresa Torgerson, Defendant. and Nancy O. JOHNSON, Executrix of the Estate of Melvin Miller Johnson, Plaintiff, v. Tillet Mark GREEN and Bill Luck Sand and Gravel, Inc., Defendant.

Court of Appeals of North Carolina.

February 3, 1998.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General D. Sigsbee Miller, for appellant.

West & Smith, L.L.P. by Stanley W. West, Southern Pines, for appellee.

WYNN, Judge.

When an employee receives workers' compensation from an employer for injuries and also receives a compensatory payment from a third party, to the extent that it provided benefits the employer has a lien on the third party's payment. However, where the third party payment is the result of a settlement, the legislature has left in the discretion of the superior court the amount of the lien. In the present case, after the decedent employee's estate reached...

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