Taylor v. J. P. Stevens Co.

298 S.E.2d 681, 307 N.C. 392, 1983 N.C. LEXIS 1087
CourtSupreme Court of North Carolina
DecidedJanuary 11, 1983
Docket440A82
StatusPublished
Cited by42 cases

This text of 298 S.E.2d 681 (Taylor v. J. P. Stevens Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. J. P. Stevens Co., 298 S.E.2d 681, 307 N.C. 392, 1983 N.C. LEXIS 1087 (N.C. 1983).

Opinions

COPELAND, Justice.

Plaintiff-appellant raises on this appeal two issues for our consideration. First, he aruges that both the Industrial Commission and the Court of Appeals erred in holding that G.S. 97-29.1 does not increase the twelve thousand dollar ($12,000) maximum recovery allowed under the August 1963 version of G.S. 97-29. Second, he contends that the Industrial Commission should have granted his 20 October 1980 motion for attorneys’ fees which included costs for preparations and arguments before this Court in 1980 and before the Deputy Commissioner and the full Commission also in 1980. In response to plaintiffs contentions we hold that the Court of Appeals was correct in upholding the Industrial Commission’s ruling that G.S. 97-29.1 did not increase the twelve thousand dollar ($12,000) maximum compensation provided for in G.S. 97-29 as written in August of 1963. We also hold that the Court of Appeals, while correct in affirming the Commissions’ denial of attorney’s fees, erred in reasoning that the denial was proper in part since the Industrial Commission does not have the authority to order attorneys’ fees for work done in connection with an appeal before an appellate court. Instead, an award of attorneys’ fees for work done in connection with an appeal before an appellate court is within the discretion of the Commission, just like an award for work in connection with a hearing before the Commission. In the absence of an abuse of discretion the Commission’s denial of attorneys’ fees will not be disturbed.

[395]*395Plaintiff-appellant argues that the legislature, in passing G.S. 97-29.1 intended to increase the total benefits to all persons who were entitled to receive benefits prior to 1 July 1973 and who were receiving or were to receive benefits after 1 July 1977. We cannot support such a sweeping assertion. As a result of the parties’ stipulation that plaintiffs disability occurred on 2 August 1963 we must interpret the Workmen’s Compensation Act as it was written in August of 1963 in order to determine plaintiffs proper compensation.

In August of 1963 the applicable statute under which the plaintiff would have become entitled to a recovery was G.S. 97-53(13). However, the amount of compensation for total incapacity in August of 1963 was set out in G.S. 97-29 which provided:

Except as hereinafter otherwise provided, where the incapacity for work resulting from the injury is total, the employer shall pay or cause to be paid, as hereinafter provided, to the injured employee during such total disability a weekly compensation equal to sixty per cent of his average weekly wages, but not more than thirty seven dollars and fifty cents ($37.50), nor less than ten dollars per week during not more than four hundred weeks from the date of the injury, provided that the total amount of compensation paid shall not exceed twelve thousand dollars.

Within this statute we find three clearly defined máximums which operate independently. The first maximum concerns the amount of weekly benefits which may be received. The maximum weekly benefit allowable is thirty seven dollars and fifty cents ($37.50). The second maximum concerns the total number of weeks from the date of the injury that an employee may receive weekly benefits. The maximum in this second category is four hundred (400) weeks. The third maximum is a ceiling on the total amount of benefits an employee may receive for total disability. That maximum is twelve thousand dollars ($12,000).

In support of our interpretation of G.S. 97-29, as written in August of 1963, we first rely on the clear meaning of the words of the statute. The statute unequivocally states that a totally incapacitated worker shall receive no more than thirty seven dollars and fifty cents a week for no more than four hundred weeks provided that the total compensation not exceed twelve [396]*396thousand dollars. “When the language of a statute is clear and unambiguous, it must be given effect and its clear meaning may not be evaded by an administrative body or a court under the guise of construction.” Utilities Commission v. Edmisten, Attorney General, 291 N.C. 451, 465, 232 S.E. 2d 184, 192 (1977); see also, State v. Camp, 286 N.C. 148, 209 S.E. 2d 754 (1974); Peele v. Finch, 284 N.C. 375, 200 S.E. 2d 635 (1973).

To further support our interpretation of G.S. 97-29, as it was written in August of 1963, we note that the statute was amended 1 July 1963. This amendment substituted “thirty seven dollars and fifty cents” for “thirty five dollars” and “twelve thousand dollars” for “ten thousand dollars.” Clearly each maximum was amended separately with there being no amendment whatsoever to the four hundred week maximum. In addition, simple mathematics reveals that the two dollars and fifty cents increase in weekly benefits has no relation to the two thousand dollars total compensation benefit increase over the maximum four hundred week recovery period. We also point out that paragraph two of G.S. 97-29 provided:

In cases in which total and permanent disability results . ... from an injury to the brain or spinal cord . . . compensation . . . shall be paid during the life of the injured employee, without regard to the four hundred weeks limited herein or the twelve thousand dollars maximum compensation under this article.

Although the twelve thousand dollars maximum and the four hundred weeks maximum do not apply to paralysis cases as set out in paragraph two of G.S. 97-29, the weekly maximum of thirty seven dollars and fifty cents does still apply. Clearly the legislature intended the máximums to be separate and independent provisions of G.S. 97-29.

G.S. 97-29.1, the 1977 amendment to G.S. 97-29, increases only the weekly compensation benefits in all cases of total and permanent disability occurring prior to 1 July 1973. The statute provides that in such cases, “weekly Compensation Payments shall be increased effective July 1, 1977. . . .” (Emphasis added.) Obviously, G.S. 97-29.1 is intended to increase the amount a person receives weekly. However, no provision has been made for an increase in total benefits. “It is a well-settled principle of statutory [397]*397construction that where a statute is intelligible without any additional words, no additional words may be supplied.” State v. Camp, 286 N.C. 148, 151, 209 S.E. 2d 754, 756 (1974). (Emphasis added.)

In this case the plaintiff was injured prior to 1 July 1973 and she did receive benefits after 1 July 1977, however plaintiffs benefits have been ordered and tendered in a lump sum payment of twelve thousand dollars. Although plaintiff contends otherwise, we cannot violate the clear meaning of G.S. 97-29.1 by stating that an increase in the weekly maximum of thirty seven dollars and fifty cents necessarily requires an increase in the twelve thousand dollars total compensation maximum.

We therefore uphold the Court of Appeals decision which denied plaintiffs claim that he was entitled to a fifty percent increase in total benefits pursuant to G.S. 97-29.1.

Plaintiffs second contention concerns the Industrial Commission’s refusal to grant his motion for attorneys’ fees. Plaintiff argues that the Industrial Commission erred in not awarding him attorneys’ fees for work done between 24 October 1979 and 31 October 1980.

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Bluebook (online)
298 S.E.2d 681, 307 N.C. 392, 1983 N.C. LEXIS 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-j-p-stevens-co-nc-1983.