{ "id": 12127342, "name": "ROBERT E. PEOPLES, Employee, Plaintiff v. CONE MILLS CORPORATION, Employer, Self Insurer, Defendant", "name_abbreviation": "Peoples v. Cone Mills Corp.", "decision_date": "1987-06-16", "docket_number": "No. 8610IC1323", "first_page": "227", "last_page": "230", "citations": [ { "type": "official", "cite": "86 N.C. App. 227" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "342 S.E. 2d 798", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": -1 }, { "cite": "316 N.C. 426", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4704100 ], "year": 1986, "opinion_index": -1, "case_paths": [ "/nc/316/0426-01" ] }, { "cite": "317 S.E. 2d 120", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": -1 }, { "cite": "69 N.C. App. 263", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526159 ], "year": 1984, "opinion_index": -1, "case_paths": [ "/nc-app/69/0263-01" ] }, { "cite": "317 S.E. 2d 680", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "311 N.C. 304", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4686309, 4684742, 4680939, 4682746, 4686078 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc/311/0304-02", "/nc/311/0304-05", "/nc/311/0304-01", "/nc/311/0304-04", "/nc/311/0304-03" ] }, { "cite": "306 S.E. 2d 543", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "opinion_index": 0 }, { "cite": "64 N.C. App. 144", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526353 ], "year": 1983, "opinion_index": 0, "case_paths": [ "/nc-app/64/0144-01" ] } ], "analysis": { "cardinality": 295, "char_count": 4567, "ocr_confidence": 0.875, "pagerank": { "raw": 5.298132930532853e-08, "percentile": 0.3338474559713713 }, "sha256": "43dd71ab8d56294856923fe028dac3bc173cd12d0ce78b721a3ab3746af2df02", "simhash": "1:4d0167ff48b7b25a", "word_count": 753 }, "last_updated": "2023-07-14T20:31:51.245722+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges WELLS and ORR concur." ], "parties": [ "ROBERT E. PEOPLES, Employee, Plaintiff v. CONE MILLS CORPORATION, Employer, Self Insurer, Defendant" ], "opinions": [ { "text": "ARNOLD, Judge.\nPlaintiff contends that the Industrial Commission erred in holding that he is not entitled to interest on his award. We are not persuaded by plaintiffs argument.\nAs initially adopted in 1981, G.S. 97-86.2 read:\nWhen, in a worker\u2019s compensation case, a hearing or hearings have been held and an award made pursuant thereto, if there is an appeal from that award by the employer or carrier which results in the affirmance of that award or any part thereof which remains unpaid pending appeal, the insurance carrier or employer shall pay interest on the final award from the date the initial award was filed at the Industrial Commission until paid at the legal rate of interest provided in G.S. 24-1. If interest is paid it shall not be a part of, or in any way increase attorneys\u2019 fees, but shall be paid in full to the claimant.\n1981 N.C. Sess. Laws, ch. 242, s. 1.\nSection 2 to Chapter 242 of the 1981 Session Laws made the above section effective upon ratification and applicable to awards made on or after that date. The Act was ratified on 23 April 1981.\nThe General Assembly amended G.S. 97-86.2 in 1985, rewriting the first sentence to provide as follows:\nIn any worker\u2019s compensation case in which an order is issued either granting or denying an award to the employee and where there is an appeal resulting in an ultimate award to the employee, the insurance carrier or employer shall pay interest on the final award or unpaid portion thereof from the date of the original order, which granted or denied the award, until paid at the legal rate of interest provided in G.S. 24-1.\nG.S. 97-86.2.\nThe Industrial Commission was correct in concluding that the initial award entered on 14 January 1980 by Deputy Commissioner Sellers is controlling in the application of G.S. 97-86.2. Cf. Hicks v. Brown Shoe Co., 64 N.C. App. 144, 306 S.E. 2d 543 (1983), disc. rev. denied, 311 N.C. 304, 317 S.E. 2d 680 (1984). The award was entered prior to the effective date of G.S. 97-86.2. Therefore, plaintiff is not entitled to interest on the award.\nThe Order of the Industrial Commission is\nAffirmed.\nJudges WELLS and ORR concur.", "type": "majority", "author": "ARNOLD, Judge." } ], "attorneys": [ "Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell, by John R. Wallace, for plaintiff appellant.", "Smith, Helms, Mulliss & Moore, by J. Donald Cowan, Jr. and Caroline H. Wyatt, for defendant appellee." ], "corrections": "", "head_matter": "ROBERT E. PEOPLES, Employee, Plaintiff v. CONE MILLS CORPORATION, Employer, Self Insurer, Defendant\nNo. 8610IC1323\n(Filed 16 June 1987)\nMaster and Servant \u00a7 78\u2014 workers\u2019 compensation\u2014initial award in 1980 \u2014no interest\nThe Industrial Commission correctly concluded in a workers\u2019 compensation case that an initial award entered on 14 January 1980 was controlling in the application of N.C.G.S. \u00a7 97-86.2 and that plaintiff was not entitled to interest on the award.\nAPPEAL by plaintiff from the North Carolina Industrial Commission. Order entered 25 July 1986. Heard in the Court of Appeals 13 May 1987.\nOn 14 January 1980, Deputy Commissioner Dianne Sellers entered an Opinion and Award finding that plaintiff had contracted byssinosis as a result of exposure to cotton dust at defendant Cone Mills. She further concluded that plaintiff had sustained a 66%% permanent partial disability. Both parties appealed to the Full Commission.\nOn 28 October 1982, the Full Commission adopted most of the Deputy Commissioner\u2019s Findings of Fact but vacated and set aside the remainder of the Opinion and Award. The Full Commission\u2019s Opinion and Award concluded that plaintiff is totally and permanently disabled as a result of byssinosis.\nDefendant appealed to this Court, which affirmed the Commission\u2019s decision with respect to plaintiffs total and permanent disability. Peoples v. Cone Mills Corp., 69 N.C. App. 263, 317 S.E. 2d 120 (1984). Our Supreme Court granted defendant\u2019s petition for discretionary review and modified and affirmed this Court\u2019s decision. Peoples v. Cone Mills Corp., 316 N.C. 426, 342 S.E. 2d 798 (1986).\nThereafter, on 8 July 1986, plaintiff moved for attorneys\u2019 fees, costs and interest pursuant to G.S. 97-88 and G.S. 97-86.2. The Commission allowed plaintiffs motion for attorneys\u2019 fees but denied the motion for interest stating:\nG.S. 97-86.2 did not become effective until its ratification on 23 April 1981. The initial award in the case was filed on 14 January 1980. Therefore, the Commission holds that the plaintiff is not entitled to interest on the award since the date of the initial award is controlling in the application of G.S. 97-86.2.\nFrom the Order of the Industrial Commission, plaintiff appeals.\nKirby, Wallace, Creech, Sarda, Zaytoun & Cashwell, by John R. Wallace, for plaintiff appellant.\nSmith, Helms, Mulliss & Moore, by J. Donald Cowan, Jr. and Caroline H. Wyatt, for defendant appellee." }, "file_name": "0227-01", "first_page_order": 255, "last_page_order": 258 }