Leggett v. AAA Cooper Transportation, Inc.: A workers’ compensation case can involve a separate personal injury case against a third party (not the employer) if the third party was responsible for the employee’s injury. When these personal injury cases are resolved, the provider of the workers’ compensation benefits may have a lien on part of the recovery. The amount of this lien can be set by the trial court in a procedure spelled out in N.C. Gen. Stat. 97-10.2(j). Under the statute, the trial court has broad discretion and may go so far as to eliminate the lien completely.
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Valerie Johnson
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Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
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