Swift v. Richardson Sports, Ltd

In Swift v. Richardson Sports, Ltd., 173 N.C. App. 134, 620 S.E.2d 533 (2005), disc. review denied, 360 N.C. 545, 635 S.E.2d 61 (2006), the Court overruled Defendant's arguments challenging the Commission's "finding that plaintiff sustained a compensable injury by accident arising out of and in the course of his employment," Id. at 138, 620 S.E.2d at 536, its admission of certain evidence, and the Commission's award of 299 weeks of workers' compensation benefits. The Court reversed the Commission's ruling on the issue of Defendants' entitlement to credit for amounts paid after Plaintiff's injury, and "remanded to the Commission for the entry of an appropriate award which allows for a dollar-for-dollar credit." Id. at 143, 620 S.E.2d at 539. Regarding attorney's fees, the Court noted that the Commission awarded attorney's fees pursuant to N.C. Gen. Stat. 97-88.1, which requires that before awarding attorney's fees, "the Commission must determine that a hearing 'has been brought, prosecuted, or defended without reasonable ground.'" Id. (quoting N.C. Gen. Stat. 97-88.1). The Court held that the "opinion and award sheds no light whatsoever upon this question," and remanded "this issue to the Full Commission for the entry of additional findings of fact and conclusions of law on the issue of attorney fees." Id. The opinion directed that the Commission should "state the statute it relied upon in making the award and should make the necessary findings of fact and conclusions of law supporting the award." Id. In sum, the Court upheld the Commission's award of 299 weeks of workers' compensation benefits, and rejected Defendants' arguments regarding compensability, admission of certain evidence, and the number of weeks' compensation. The Court reversed the Commission's calculation of the credit to which Defendants were entitled and its award of attorney's fees.