N.C. Gen. Stat. » Chapter 97
NC General Statutes

N.C. Gen. Stat. § 97-88.1 (2026)

Attorney's fees at original hearing

✓ current as of July 2026
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If the Industrial Commission shall determine that any hearing has been brought, prosecuted, or defended without reasonable ground, it may assess the whole cost of the proceedings including reasonable fees for defendant's attorney or plaintiff's attorney upon  the party who has brought or defended them. (1979, c. 268, s. 1.)

 

Notes of Decisions
Cited in 109 cases (8 in the last 5 years), 1982–2026 · leading case: Effingham v. THE KROGER CO., 561 S.E.2d 287 (N.C. Ct. App. 2002).
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Effingham v. THE KROGER CO., 561 S.E.2d 287 (N.C. Ct. App. 2002). · cites it 34× “" N.C. Gen.Stat. § 97-88.1 (1999). The purpose behind this section is to prevent "stubborn, unfounded litigiousness which is inharmonious with the primary purpose of the Workers' Compensation Act to provide compensation to injured employees.”
Whitfield v. Lab'y Corp. of Am., 581 S.E.2d 778 (N.C. Ct. App. 2003). · cites it 16× “The Commission’s opinion and award did not address plaintiff’s request for attorney’s fees under N.C. Gen. Stat. § 97-88.1 . Plaintiff worked for employer as a service representative, traveling to medical offices in Raleigh to pick up patient specimens for analysis.”
Troutman v. White & Simpson, Inc., 464 S.E.2d 481 (N.C. Ct. App. 1995). · cites it 28× “Having found that the hearing was brought without reasonable ground, and based in stubborn, unfounded litigiousness, Deputy *50 Commissioner Taylor awarded attorney’s fees under N.C. Gen. Stat. § 97-88.1 (1991) under the following terms: • 1.”
Tinajero v. Balfour Beatty Infrastructure, Inc., 758 S.E.2d 169 (N.C. Ct. App. 2014). · cites it 26× “" Finally, the Full Commission concluded that "[d]efendants did not defend this claim in an unreasonable manner or without reasonable grounds and, therefore, plaintiff is not entitled to attorney's fees pursuant to N.C. Gen. Stat. §97-88.1 ; Sparks v. -11- Mountain Breeze…”
Cooke v. P.H. Glatfelter/Ecusta, 502 S.E.2d 419 (N.C. Ct. App. 1998). · cites it 40× “We reverse that portion of the award which requires defendant to pay attorney fees under N.C. Gen.Stat. § 97-88.1 (1991). In all other respects, we affirm.”
Meares v. Dana Corp., 666 S.E.2d 819 (N.C. Ct. App. 2008). · cites it 22× “§ 97-29 , and (2) whether the award of attorney’s fees under N.C. Gen. Stat. § 97-88.1 was appropriate.”
Shaw v. United Parcel Serv., 449 S.E.2d 50 (N.C. Ct. App. 1994). · cites it 16× “The Deputy Commissioner awarded plaintiff benefits as to plaintiff's permanent partial disability of his right foot under North Carolina General Statutes § 97-31 (1991), although plaintiff sought an election of remedies pursuant to North Carolina General Statutes § 97-30 (1991).”
Chaisson v. Simpson, 673 S.E.2d 149 (N.C. Ct. App. 2009). · cites it 11× “N.C. Gen. Stat. § 97-88.1 (2007). “The purpose of th[is] section is to' prevent stubborn, unfounded litigiousness, which is inharmonious with the primary purpose of the Workers Compensation Act to provide compensation to injured employees.”
Blalock v. Se. Material, 703 S.E.2d 896 (N.C. Ct. App. 2011). · cites it 32× “Blalock (Plaintiff) alleges the Industrial Commission (Commission) erred in denying his motion for special attorneys’ fees under N.C. Gen. Stat. § 97-88.1 of the Worker’s Compensation Act (Act).”
Hodges v. Equity Grp., 596 S.E.2d 31 (N.C. Ct. App. 2004). · cites it 16× “By *341 cross-appeal, Plaintiff contends an award of attorney’s fees pursuant to N.C. Gen. Stat. § 97-88.1 was appropriate in this matter.”
Bryson v. Phil Cline Trucking, 564 S.E.2d 585 (N.C. Ct. App. 2002). · cites it 22× “For the reasons stated herein, we affirm the opinion and award of the Industrial Commission. Under section 97-88.”
Lewis v. Sonoco Prods. Co., 526 S.E.2d 671 (N.C. Ct. App. 2000). · cites it 15× “§ 97-88 and costs pursuant to N.C. Gen. Stat. § 97-88.1 ; however, we shall address the propriety of both awards.”
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