 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Helsius v. Robertson11/15/2005
On 14 July 2003, Jonathon Helsius ("petitioner") was injured in the course and scope of his employment with the Durham County Sheriff's Office. While escorting a funeral procession, petitioner's motorcycle was struck by a vehicle driven by Elwanda Robertson. As a result of the collision, petitioner sustainedserious injuries including a severe concussion, pinpoint bleeding in his brain, a broken wrist, punctured lung, broken ribs, and compression fractures in his spine. Petitioner was admitted to the hospital following the accident, and was discharged a few days later. Petitioner was permitted to return to work full-time, but on light/desk duty on 1 September 2003, and he returned to full duty on 8 October 2003.
The County of Durham ("respondent") paid petitioner a total of $53,128.40 in workers' compensation benefits, representing medical expenses, temporary total disability, and permanent partial disability compensation.
Petitioner applied to the trial court, pursuant to North Carolina General Statutes, section 97-10.2(j), for a determination of the amount of the County of Durham's subrogation lien and to distribute the settlement amount. Petitioner presented extensive testimony at the hearing. Respondent did not present any evidence, but did present arguments in support of its various motions to dismiss based on sovereign immunity and violation of its rights under the North Carolina Constitution.
On 6 July 2004, the trial court entered an order denying all of respondent's motions and extinguishing respondent's subrogation lien. From this order the County of Durham appeals.
Respondent first contends the trial court committed reversible error when it failed to dismiss the matter, as the County's sovereign immunity had not been waived and thus barred theproceedings. We do not find this argument to be credible, and thus hold the trial court did not err.
In this State it is well established that counties are a part of the State government, and thus are entitled to sovereign immunity. Dawes v. Nash County, 357 N.C. 442, 445, 584 S.E.2d 760, 762, reh'g denied, 357 N.C. 511, 587 S.E.2d 417 (2003); White v. Commissioners of Chowan County, 90 N.C. 437 (1884); Archer v. Rockingham County, 144 N.C. App. 550, 548 S.E.2d 788 (2001), disc. review denied, 355 N.C. 210, 559 S.E.2d 796 (2002). A county may not be sued unless there is a specific statute authorizing the suit, or the county has consented to being sued or has waived its immunity. Id.
Respondent contends the county neither waived its sovereign immunity nor did petitioner allege a waiver of the immunity, and therefore petitioner's petition for a determination on respondent's lien should have been dismissed. However, respondent also argues that although petitioner's action should be dismissed based on sovereign immunity, respondent still should be permitted to maintain a lien on petitioner's settlement proceeds pursuant to North Carolina General Statutes, section 97-10.2(j). Respondent effectively is asking this Court to permit it to maintain a lien on petitioner's settlement proceeds, while at the same time giving petitioner no means by which to challenge to the lien.
North Carolina General Statutes, section 97-10.2(j) (2004) provides in pertinent part:
n the event that a settlement has been agreed upon by the employee and the thirdparty, either party may apply to the resident superior court judge of the county in which the cause of action arose . . . to determine the subrogation amount. After notice to the employer and the insurance carrier, after an opportunity to be heard by all interested parties, and with or without the consent of the employer, the j
Page 1 2 3 4 5 6 North Carolina Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|