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Goodson v. N.C. Dep't of Insurance ex rel Long7/19/2005
aintiff. Glatfelter's reliance on subsections (g) and (h) of N.C. Gen. Stat. § 97-185 harken back to arguments already rejected herein and are likewise unavailing. There are no "expressly provided" mechanisms satisfying the requirements of N.C. Gen. Stat. § 97-91 that sanction Glatfelter's attempt to transfer its obligations to RFS under the facts of the instant case, and this assignment of error is overruled.X. N.C. Gen. Stat. § 97-185(f)
In its last assignment of error, Glatfelter asserts the Commission erred in failing to order plaintiff to levy upon RFS' certificate of deposit under N.C. Gen. Stat. § 97-185(f) (2003), which provides as follows: "No judgment creditor, other than a claimant entitled to benefits under the Act, may levy upon any deposits made under this section." While subsection (f) endorses levying on applicable deposits by claimants entitled to benefits under the Act, nothing in the provision indicates that a claimant must levy on such a deposit or that the Commission has the authority to force a claimant to do so. Moreover, Glatfelter's assertion is premised on the incorrect supposition that, upon " evying on RFS' certificate of deposit[,] . . . iability would fall upon the appropriate entity, and other claimants could avail themselves of this remedy." However, as our holding makes clear, Glatfelter and not RFS is the employer that is liable to plaintiff. For these reasons, we overrule this assignment of error.
XI. Appeal by RFS
RFS appeals that portion of the Commission's opinion and award that reads as follows: "Since the purpose of the surety bond was to insure Glatfelter's workers' compensation obligations, the bond monies should be available for that purpose and therefore the parties shall immediately take the necessary steps to effectuatethe underlying purpose for which the bond was issued." RFS asserts the certificate of deposit cannot be retained by DOI "to 'insure' obligations that the Full Commission held could not be transferred by Glatfelter and remained the sole responsibility of Glatfelter." We agree.
The Commission determined that RFS was not liable for Glatfelter's workers' compensation obligations as a result of the attempted transfer. Having determined the issue of liability, the method of handling the certificate of deposit belonging to RFS, when it had no obligations under the Act, falls within the ambit of DOI's jurisdiction. Accordingly, we reverse that portion of the opinion and award of the Commission ordering DOI to retain RFS' certificate of deposit.
Affirmed in part and reversed in part.
Judges HUNTER and JACKSON concur.
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