Tharp v. Southern Gables

In Tharp v. Southern Gables, 125 N.C. App. 364, 481 S.E.2d 339, disc. review denied, 346 N.C. 184, 486 S.E.2d 219 (1997), the Court held that where no evidence existed that claimant was having alcohol withdrawal seizure at the time of injury and the employer was unable to cite any authority to support the intoxification defense, the employer did not have reasonable grounds to request a hearing before the Industrial Commission based on an intoxication defense. In another case, this Court held that the carrier's motion to stop payment of compensation was brought without reasonable grounds based upon the finding that the carrier acted in violation of Industrial Commission rules by terminating benefits without the Commission's approval, and refusing to resume immediate payments following a deputy commissioner's order. Hieb v. Howell's Child Care Center, 123 N.C. App. 61, 472 S.E.2d 208, disc. review denied, 345 N.C. 179, 479 S.E.2d 204 (1996).