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

N.C. Gen. Stat. § 97-88 (2026)

Expenses of appeals brought by insurers

✓ current as of July 2026
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If the Industrial Commission at a hearing on review or any court before which any proceedings are brought on appeal under this Article, shall find that such hearing or proceedings were brought by the insurer and the Commission or court by its decision orders the insurer to make, or to continue payments of benefits, including compensation for medical expenses, to the injured employee, the Commission or court may further order that the cost to the injured employee of such hearing or proceedings including therein reasonable attorney's fee to be determined by the Commission shall be paid by the insurer as a part of the bill of costs. (1929, c. 120, s. 62; 1931, c. 274, s. 11; 1971, c. 500.)

 

Notes of Decisions
Cited in 78 cases, 1956–2017 · leading case: Troutman v. White & Simpson, Inc., 464 S.E.2d 481 (N.C. Ct. App. 1995).
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Troutman v. White & Simpson, Inc., 464 S.E.2d 481 (N.C. Ct. App. 1995). · cites it 27× “*53 In the instant case, there are two statutory provisions under which the Commission could have awarded payment of plaintiffs attorney’s fees by defendants; N.C. Gen Stat. § 97-88 (1991), and N.C. Gen Stat.”
Hodges v. Equity Grp., 596 S.E.2d 31 (N.C. Ct. App. 2004). · cites it 23× “Guarino’s ex parte communication were unsupported by evidence and (IV) attorney’s fees pursuant to N.C. Gen. Stat. § 97-88 were inappropriate.”
Whitfield v. Lab'y Corp. of Am., 581 S.E.2d 778 (N.C. Ct. App. 2003). · cites it 8× “Plaintiff also requests that defendants be ordered to pay plaintiff’s attorney’s fees incurred in connection with the present appeal, pursuant to N.C. Gen. Stat. § 97-88 (2001). Under N.C.”
Estes v. N.C. State Univ., 449 S.E.2d 762 (N.C. Ct. App. 1994). · cites it 17× “The issue before us is whether the Industrial Commission (hereinafter “the Commission”) erred in awarding plaintiff attorney’s fees pursuant to N.C.G.S. § 97-88 (1991). We note that this appeal is the third appeal of this case to this Court.”
Cox v. City of Winston-Salem, 578 S.E.2d 669 (N.C. Ct. App. 2003). · cites it 18× “Plaintiff next argues the Commission erred in applying the standard under N.C. Gen. Stat. § 97-88.1 (2001), when considering plaintiff’s motion for an award of an attorney’s fee pursuant to N.”
Rackley v. Coastal Painting, 570 S.E.2d 121 (N.C. Ct. App. 2002). · cites it 12× “Defendants appeal from the Commission’s award to plaintiff of permanent total disability benefits and medical expenses, as well as an award for costs and attorney’s fees under G.S. §§ 97-88 and 97-88.1. Evidence before the Commission tends to show that.”
Lewis v. Sonoco Prods. Co., 526 S.E.2d 671 (N.C. Ct. App. 2000). · cites it 18× “Finally, defendants’ last assignment of error states: “The Full Commission committed a manifest abuse of discretion by awarding attorney’s fees to plaintiff-appellee pursuant to N.C. Gen. Stat. §§ 97-88 and 97-88.1.” To the contrary, our review reveals that the Full Commission…”
Taylor v. J. P. Stevens Co., 298 S.E.2d 681 (N.C. 1983). · cites it 10× “Plaintiff contends that G.S. 97-88 and G.S. 97-88.1 entitle him to an award of attorneys' fees.”
Pearson v. C. P. Buckner Steel Erection, 533 S.E.2d 532 (N.C. Ct. App. 2000). · cites it 23× “Intervenor contends that the two commissioners who entered the opinion and award of 3 June 1999 did not have jurisdiction to do so (the third member being absent due to illness), and; assuming arguendo they did, intervenor contends the panel misapplied N.C. Gen. Stat. § 97-88 .…”
Allred v. Exceptional Landscapes, Inc., 743 S.E.2d 48 (N.C. Ct. App. 2013). · cites it 8× “Where defendants were not an “insurer” as defined by statute, the Commission erred in assessing attorney’s fees against defendants under N.C. Gen. Stat. § 97-88 . Where *231 one defendant did not have dominion or control over business decisions of the corporation, the Commission…”
Hurley v. Wal-Mart Stores, Inc., 723 S.E.2d 794 (N.C. Ct. App. 2012). · cites it 14× “” In plaintiffs response to,defendants’ motion, plaintiff argued that the award of attorney’s fees pursuant to N.C. Gen. Stat. § 97-88 was proper and supported by the record.”
Est. of Apple Ex Rel. Apple v. Com. Courier Express, Inc., 598 S.E.2d 625 (N.C. Ct. App. 2004). · cites it 12× “We, however, remand this case to the Commission for a determination of whether plaintiff is entitled to attorneys’ fees under N.C. Gen. Stat. § 97-88 . *516 The undisputed facts of this case establish that on 4 August 1994, Apple, who was 77 years old, was working as a courier…”
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