90 N.C. App. 585 - Pollard v. Smith’s Empirical Analysis

Citation profile

14 state decisions

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(f) (1) If the employer has filed a written admission of liability for benefits under this Chapter with, or if an award final in nature in favor of the employee has been entered by the Industrial Commission, then any amount obtained by any person by settlement with, judgment against, or otherwise from the third party by reason of such injury or death shall be disbursed by order of the Industrial Commission for the following purposes and in the following order of priority: a. First to the payment of actual court costs taxed by judgment. b. Second to the payment of the fee of the attorney representing the person making settlement or obtaining judgment, and except for the fee on the subrogation interest of the employer such fee shall not be subject to the provisions of § 90 of this Chapter but shall not exceed one third of the amount obtained or recovered of the third party. c. Third to the reimbursement of the employer for all benefits by way of compensation or medical treatment expense paid or to be paid by the employer under award of the Industrial Commission. d. Fourth to the payment of any amount remaining to the employee or his personal representative. (2) The attorney fee paid under (f)(1) shall be paid by the employee and the employer in direct proportion to the amount each shall receive under (f)(l)c and (f)(l)d hereof and shall be deducted from such payments when distribution is made. (j) In the event that a judgment is obtained which is insufficient to compensate the ”

   3 later decisions quote this exact passage
   e.g. 113 N.C. App. 354 - Buckner v. City of Asheville · 100 N.C. App. 490 - Allen v. Rupard

2. “distribution issue can be decided in some instances by either the Commission or the trial court, with `a different standard for disbursement when the case is before the Superior Court than that for cases before the Industrial Commission.'”

   3 later decisions quote this exact passage
   e.g. 100 N.C. App. 490 - Allen v. Rupard · 139 N.C. App. 235 - Levasseur v. Lowery