BURNHAM v. McGEE BROS. CO., INC.

No. COA11-1359.

727 S.E.2d 724 (2012)

Nicholas R. BURNHAM, Plaintiff v. McGEE BROTHERS COMPANY, INC., Employer, and Zurich American Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

June 19, 2012.


Attorney(s) appearing for the Case

Seth M. Bernanke , Charlotte, for plaintiff-appellant.

Stiles, Byrum & Horne, L.L.P., Charlotte, by Henry C. Byrum, Jr. , for defendants-appellees.


ERVIN, Judge.

Plaintiff Nicholas R. Burnham appeals from a decision by the North Carolina Industrial Commission denying his motion for attorney's fees. On appeal, Plaintiff argues that the Commission erroneously determined that Defendants McGee Brothers and Zurich American had a valid basis for defending his claim for the cost of a second bedroom in his apartment and based its decision to that effect on impermissible considerations. After careful consideration of...

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