Massey v. Torque Elastics, Inc.

North Carolina Industrial Commission

Massey v. Torque Elastics, Inc.

CourtNorth Carolina Industrial Commission

DecidedSeptember 14, 2000

DocketI.C. NO. 513495

StatusPublished

This text of Massey v. Torque Elastics, Inc. (Massey v. Torque Elastics, Inc.) 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

Massey v. Torque Elastics, Inc., (N.C. Super. Ct. 2000).

Pincite

Opinion

The undersigned have reviewed the Compromise Settlement Agreement and the reasonableness of the attorneys fee requested by plaintiffs attorney. A one-fourth fee is the customary attorneys fee in workers compensation cases. However, the undersigned find the fee request in the amount of thirty-three and one-third percent reasonable in view of the nature of the case, the time expended, the fee contract entered into between the attorney and plaintiff, and the fact that the case was appealed to the Court of Appeals. Although the appeal was eventually withdrawn, plaintiffs attorney prepared the record on appeal and brief.

Therefore, that portion of Commissioner Riggsbees Order allowing a fee in the amount of twenty-five percent in hereby VACATED and IT IS HEREBY ORDERED that plaintiffs attorney shall receive a fee in the amount of thirty-three and one-third percent of the proceeds of the Compromise Settlement Agreement, to be deducted from the lump sum and paid directly to plaintiffs attorney.

All other portions of the Order filed June 13, 2000 shall remain in full force and effect.

S/______________________ LAURA KRANIFELD MAVRETIC COMMISSIONER

CONCURRING:

S/___________________ BERNADINE S. BALLANCE COMMISSIONER

S/_______________ DIANNE C. SELLERS COMMISSIONER

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The undersigned have reviewed the Compromise Settlement Agreement and the reasonableness of the attorneys fee requested by plaintiffs attorney. A one-fourth fee is the customary attorneys fee in workers compensation cases. However, the undersigned find the fee request in the amount of thirty-three and one-third percent reasonable in view of the nature of the case, the time expended, the fee contract entered into between the attorney and plaintiff, and the fact that the case was appealed to the Court of Appeals. Although the appeal was eventually withdrawn, plaintiffs attorney prepared the record on appeal and brief.