Whenever any weekly payment has been continued for not less than six weeks, the liability therefor may, in unusual cases, where the Industrial Commission deems it to be to the best interest of the employee or his dependents, or where it will prevent undue hardships on the employer or his insurance carrier, without prejudicing the interests of the employee or his dependents, be redeemed, in whole or in part, by the payment by the employer of a lump sum which shall be fixed by the Commission, but in no case to exceed the uncommuted value of the future installments which may be due under this Article. The Commission, however, in its discretion, may at any time in the case of a minor who has received permanently disabling injuries either partial or total provide that he be compensated, in whole or in part, by the payment of a lump sum, the amount of which shall be fixed by the Commission, but in no case to exceed the uncommuted value of the future installments which may be due under this Article. (1929, c. 120, s. 44; 1963, c. 450, s. 4; 1975, c. 255.)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1980–2022 · leading case:
Freeman v. Freeman, 421 S.E.2d 623 (N.C. Ct. App. 1992).
Freeman v. Freeman, 421 S.E.2d 623 (N.C. Ct. App. 1992).
· cites it 3× “Because established precedent in North Carolina holds that compensation awarded under the Act is intended solely to replace medical expenses, lost wages, or the diminished capacity to earn wages — that is, economic loss —and is not compensation for pain and suffering or other…”
Harris v. Lee Paving Co., 267 S.E.2d 381 (N.C. Ct. App. 1980).
· cites it 9× “This appeal involves the propriety of an award of the Industrial Commission directing a lump sum payment of death benefits under G.S. 97-44 to the widow of the deceased employee.”
Montgomery v. Bryant Supply Co., 373 S.E.2d 299 (N.C. Ct. App. 1988).
“2 is the amount “paid or to be paid”; under G.S. 97-44 the carrier could be required at any time to pay the balance due Melvin Montgomery in a lump sum; even if the payments are not accelerated the amount distributed to the carrier, after counsel’s fee is deducted, is obviously…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.