ALLRED v. EXCEPTIONAL LANDSCAPES, INC.

No. COA12-1278.

743 S.E.2d 48 (2013)

Danny K. ALLRED, Employee, Plaintiff, v. EXCEPTIONAL LANDSCAPES, INC., Employer, Noninsured, and Ted William Wright, Individually, and John Thompson Summey, Individually, and Joy Wright, Individually; and/or T & J Services, Defendants.

Court of Appeals of North Carolina.

May 21, 2013.


Attorney(s) appearing for the Case

Holt, Longest, Wall, Blaetz & Moseley, PLLC, by W. Phillip Moseley , for plaintiff-appellee.

Cranfill Sumner & Hartzog LLP, by W. Scott Fuller and Jaye E. Bingham-Hinch , for defendant-appellant Exceptional Landscapes, Inc., and/or T & J Services.

McCullers & Whitaker, PLLC, by Christopher Mann , for defendant-appellant Joy Wright.

Ted William Wright, pro se, for defendant-appellant.

John Thompson Summey, pro se, for defendant-appellant.


STEELMAN, Judge.

Where plaintiff filed a claim with the North Carolina Industrial Commission, the Commission retained exclusive and continuing jurisdiction over that claim. Where the parties' settlement agreement did not provide for the reimbursement of unpaid medical bills, the Commission properly determined it was not fair and just. Where defendants were not an "insurer" as defined by statute, the Commission erred in assessing attorney's fees against defendants...

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