Taylor v. JP Stevens & Co., Inc.

292 S.E.2d 277, 57 N.C. App. 643, 1982 N.C. App. LEXIS 2695
CourtCourt of Appeals of North Carolina
DecidedJune 15, 1982
Docket8110IC445
StatusPublished
Cited by10 cases

This text of 292 S.E.2d 277 (Taylor v. JP Stevens & Co., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals 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. JP Stevens & Co., Inc., 292 S.E.2d 277, 57 N.C. App. 643, 1982 N.C. App. LEXIS 2695 (N.C. Ct. App. 1982).

Opinions

CLARK, Judge.

The plaintiff presents two arguments on this appeal: (1) that the plaintiff is entitled to increased benefits under G.S. 97-29.1; and (2) that the “Commission erred and abused its discretion in denying plaintiff-appellant’s motion for attorney’s fees under G.S. 97-88 and G.S. 97-88.1.”

I

We first address the increase of the award under G.S. 97-29.1, which reads in part:

In all cases of total and permanent disability occurring prior to July 1, 1973, weekly compensation payments shall be increased effective July 1, 1977, to an amount computed by multiplying the number of calendar years prior to July 1, 1973, that the case arose by five percent (5%).

And how are we to interpret this statute? Our courts have offered guidance:

The primary rule of statutory construction is that the intent of the legislature controls the interpretation of a statute. In seeking to discover this intent, the courts should consider the language of the statute, the spirit of the act, and what [645]*645the act seeks to accomplish. [Citations omitted.]. . . “In seeking to discover and give effect to the legislative intent, an act must be considered as a whole, and none of its provisions shall be deemed useless or redundant if they can reasonably be considered as adding something to the act which is in harmony with its purpose. [Citations omitted.]” State v. Harvey, [281 N.C.] 1, 187 S.E. 2d 706 [1972],

Stevenson v. City of Durham, 281 N.C. 300, 303, 188 S.E. 2d 281, 283 (1972).

Our Supreme Court has said that “benefits under the [Worker’s Compensation] Act ‘should not be denied by a technical, narrow and strict construction.’ ” Petty v. Transport, Inc., 276 N.C. 417, 426, 173 S.E. 2d 321, 328 (1970), quoting Hollman v. City of Raleigh, 273 N.C. 240, 252, 159 S.E. 2d 874, 882 (1968). And while it has been said that the Act is to be liberally construed to give full effect to its purpose, our Supreme Court has put this construction in perspective. In Barnhardt v. Cab Co., 266 N.C. 419, 427, 146 S.E. 2d 479, 484 (1966) the Court said:

It is frequently said that the Workmen’s Compensation Act must be liberally construed to accomplish the humane purpose for which it was passed, i.e., compensation for injured employees. The purpose of the Act, however, is not only to provide a swift and certain remedy to an injured workman, but also to insure a limited and determinate liability for employers. [Citation omitted.] In any event, this Court may not legislate under the guise of construing a statute liberally.

We turn now to the interpretation of G.S. 97-29.1. The legislative history of this statute reveals an intent to provide additional benefits for persons who were disabled prior to 1973. “The purpose of this bill is to increase the compensation rate for permanently and totally disabled individuals at the rate of five percent per year. This involves some 200 citizens of the State who were injured in previous years; this bill affects only the people who are now disabled.” Minutes. House Committee on. Manufacturers and Labor, April 21, 1977. The statute makes no reference to a maximum amount of recovery or to a maximum number of weeks during which benefits are to be paid.

[646]*646We do not believe that the Legislature intended to do anything other than increase the weekly benefits of claimants who were totally and permanently disabled. We do not believe that the statute is applicable to the case at bar for the following reasons.

At the time the plaintiff became disabled in 1963, her disability was covered by G.S. 97-53(13). Compensation for total and permanent disability was governed by G.S. 97-29, which at that time specified a maximum amount of weeks and a maximum amount of total recovery. In 1963, G.S. 97-29 read:

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 percent 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.

It was not until 1975, when the General Assembly enacted the amendments to G.S. 97-29, that employees suffering from byssinosis were able to receive unlimited weekly benefits for their total and permanent disability. Prior to that time, G.S. 97-29 only provided lifetime weekly benefits for persons disabled due to paralysis resulting from injury to the brain or spinal cord or from loss of mental capacity due to injury to the brain. In all other cases of total disability, compensation was restricted in the amount of money paid per week, in the amount of weeks paid and in the maximum amount which the claimant could receive.

By enacting G.S. 97-29.1, we believe that the Legislature intended only to affect those cases in which the claimant received lifetime weekly benefits under G.S. 97-29 prior to the 1975 amendment to that statute which provided lifetime weekly benefits for total and permanent disability regardless of the cause of disability. The import of G.S. 97-29.1 was to effectuate some economic parity in benefits afforded persons who prior to G.S. 97-29.1 received lifetime weekly benefits with those who received lifetime weekly benefits by virtue of the 1975 amendment to G.S. [647]*64797-29. We find support for this position in the minutes of the House Committee on Manufacturers and Labor. The Minutes reflect a belief that the scope of the statute would be limited. In fact, the statute was believed to affect only some 200 people. In view of the Minutes and the historical analysis we attach to the statutes, we do not believe that the Legislature intended the broad application the plaintiff advances. To adopt the plaintiff’s argument that G.S. 97-29.1 is to be applied to all cases of total and permanent benefits prior to 1975 would encourage every person who has ever received benefits for total and permanent disability to seek supplements to their awards even though the statute governing their award limited their recovery by the amount of weeks and total amount of the award to be received.

II

The plaintiff contends next that the Commission erred and abused its discretion in denying plaintiff appellant’s motion for attorney’s fees under G.S. 97-88 and G.S. 97-88.1.

G.S. 97-88 provides:

Expenses of appeals brought by insurers. — If the Industrial Commission at a hearing on review or any court before which any proceedings are brought on appeal under this Article, shall find that such hearing or proceedings were brought by the insurer and the Commission or court by its decision orders the insurer to make, or to continue payments of benefits, including compensation for medical expenses, to the injured employee, the Commission or court may further order that the cost to the injured employee of such hearing or proceedings [sic] including therein reasonable attorney’s fee to be determined by the Commission [sic] shall be paid by the insurer as a part of the bill of costs.

G.S. 97-88.1 provides:

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Taylor v. JP Stevens & Co., Inc.
292 S.E.2d 277 (Court of Appeals of North Carolina, 1982)

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Bluebook (online)
292 S.E.2d 277, 57 N.C. App. 643, 1982 N.C. App. LEXIS 2695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-jp-stevens-co-inc-ncctapp-1982.