Saunders v. ADP TotalSource Fi Xi, Inc.

The Supreme Court reversed the decision of the court of appeals vacating the order of the superior court reversing the decision of the North Carolina Industrial Commission, which declined to award certain attorney’s fees to Plaintiff’s attorneys, holding that N.C. Gen. Stat. 97-90(c) authorizes the superior court to consider additional evidence and exercise its discretion in reviewing the reasonableness or setting the amount of attorney’s fees.In reversing the Commission, the superior court ordered attorney’s fees to be paid to Plaintiff’s attorneys from the reimbursement for retroactive attendant care medical compensation that the Commission had awarded to Plaintiff. The court of appeals vacated the order, holding that the superior court exceeded the scope of its statutory authority to review the reasonableness of a Commission’s fee award under section 97-90(c) by taking and considering new evidence that was not presented before the Commission. The Supreme Court reversed, holding that the court of appeals’ decision was inconsistent with section 97-90(c) and that the superior court had jurisdiction to take and consider additional evidence not previously considered by the Commission. View "Saunders v. ADP TotalSource Fi Xi, Inc." on Justia Law