Kirk v. Great American Ins.

North Carolina Industrial Commission

Kirk v. Great American Ins.

CourtNorth Carolina Industrial Commission

DecidedNovember 20, 2000

DocketI.C. No. 628621.

StatusPublished

This text of Kirk v. Great American Ins. (Kirk v. Great American Ins.) is published on Counsel Stack Legal Research, covering North Carolina Industrial Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirk v. Great American Ins., (N.C. Super. Ct. 2000).

Pincite

Opinion

In reviewing plaintiffs motion, the Full Commission notes that contrary to plaintiffs contention, the ten percent (10%) penalty provision of G.S. 97-18(g) is not mandatory, as shown by the language ". . . unless such nonpayment is excused by the Commission . . . G.S. 97-18(g). Plaintiff is correct, however, regarding the mandatory nature of the interest provisions in G.S. 97-86.2. Furthermore, interest owed under this provision that is overdue may be subject to the penalty provision in G.S. 97-18(g).

At present, there is insufficient evidence or relevant documentation upon which to find that any payments of compensation or interest pursuant to G.S. 97-86.2 are overdue and therefore subject to the penalty provisions of G.S. 97-18(g). Accordingly, Plaintiffs Motion is hereby DENIED.

No additional costs are assessed.

S/_______________ CHRISTOPHER SCOTT COMMISSIONER

CONCURRING:

S/_____________ THOMAS J. BOLCH COMMISSIONER

S/_______________ RENÉE C. RIGGSBEE COMMISSIONER

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In reviewing plaintiffs motion, the Full Commission notes that contrary to plaintiffs contention, the ten percent (10%) penalty provision of G.S. 97-18(g) is not mandatory, as shown by the language ". . . unless such nonpayment is excused by the Commission . . . G.S. 97-18(g). Plaintiff is correct, however, regarding the mandatory nature of the interest provisions in G.S. 97-86.2. Furthermore, interest owed under this provision that is overdue may be subject to the penalty provision in G.S. 97-18(g).