195 N.C. App. 463 - Chaisson v. Simpson’s Empirical Analysis
2009
Citation profile
44
cited by 44 later decisions
1
states following
February 2019
most recently cited
43 state decisions
Relationships
Relies on White v. White · Adams v. AVX Corp. · Anderson v. LINCOLN CONSTRUCTION COMPANY · Deese v. Champion International Corp. · McRae v. Toastmaster, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[d]efendants' defense of this matter was not grounded in unfounded litigiousness and Plaintiff is not entitled to attorney's fees pursuant to N.C. Gen. Stat. § 97-88.1 . Thus, the Commission considered the award of attorney fees and costs and denied them, as was within its discretion. Accordingly, this argument is overruled. REVERSED IN PART AND REMANDED; AFFIRMED IN PART. Judges STROUD and DIETZ concur. 1 In support of this finding, the Commission cited Dr. Barnes testimony: " 'I think it's going to boil down to is I don't know if she hurt it at work, ...' but the prior superior labral repair 'places her at a higher risk of subsequent injuries.' " 2 "To make its purpose that the North Carolina Workmen's Compensation Act shall be administered exclusively by the North Carolina Industrial Commission effective, the General Assembly has empowered the said Industrial Commission to make rules, not inconsistent with this act , for carrying out the provisions of the act....”
2 later decisions quote this exact passage“28. In addition to finding that the Final Compromise Settlement Agreement and Release is not fair and just and in the best interests of all parties, the Full Commission further finds that the Mediated Settlement Agreement is not enforceable as a compromise settlement agreement because it does not meet, the requirements of Industrial Commission Rule 502(2)(e) as “rights other than those arising under the provisions of the Workers’ Compensation Act” were compromised and released in this settlement agreement. The language contained in and constituting a part of the Mediated Settlement Agreement itself that, “E-II (Employee-plaintiff) will resign and execute an employment release with her share of the mediation cost being consideration” shows that “rights other than those arising under the provisions of the Workers’ Compensation Act” were compromised and released in this settlement agreement. The Full Commission is not waiving this Rule requirement.”
1 later decision quote this exact passage“The purpose of this section is to prevent stubborn, unfounded litigiousness, which is inharmonious with the primary purpose of the [Act] to provide compensation to injured employees. . . . The reviewing court must look to the evidence introduced at the hearing in order to determine whether a hearing has been defended without reasonable ground. The test is not whether the defense prevails, but whether it is based in reason rather than in stubborn, unfounded litigiousness. If it is determined that a party lacked reasonable grounds to bring or defend a hearing before the Commission, then the decision of whether to make an award pursuant to [section] 97-88.1 and the amount of the award is in the discretion of the Commission, and its award or denial of an award will not be disturbed absent an abuse of discretion.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.