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SAUNDERS v. ADP TOTALSOURCE FI XI, INC.

No. COA15-1390.

791 S.E.2d 466 (2016)

In re: Appeal of the Fee Award of the North Carolina Industrial Commission in N.C.I.C. Nos. W82780 & W98474. Keith SAUNDERS, Plaintiff, v. ADP TOTALSOURCE FI XI, INC., Employer, and Liberty Mutual/helmsman Management Services, Carrier Defendants.

Court of Appeals of North Carolina.

Filed: September 6, 2016.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, Charlotte, by Mark T. Sumwalt , Vernon Sumwalt and Lauren H. Walker ; and Grimes Teich Anderson, LLP, Asheville, by Henry E. Teich for plaintiff.

Hedrick Gardner Kincheloe & Garofalo, LLP, Charlotte, by M. Duane Jones , Paul C. Lawrence and Kari L. Schultz , for defendants.

The superior court's order awarded Plaintiff's attorneys a 25% contingent attorney's fee, payable from retroactive third party attendant care medical compensation awarded by the Industrial Commission. The Industrial Commission had denied a deduction of attorney's fees from the medical compensation award. We vacate the superior court...

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