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Matthews v. Petroleum Tank Service Inc.12/15/1992
appeal; and (2) this Court orders the insurer to make or continue to make payments of benefits or medical expenses. N.C.G.S. § 97-88 (1991). The appeal to this Court was brought by Hartford and we have by this decision required Hartford to pay temporary total disability benefits and future medical expenses. Therefore, Matthews' motion that Hartford pay Matthews' costs in this appeal, including reasonable attorney's fees, is granted, and this case is remanded to the Commission with instructions that the Commission decide the exact amount to be awarded.
Accordingly, the Commission's award is affirmed, and this action is remanded for award of costs and attorney's fees incurred by Matthews in defending Hartford's appeal to this Court. We also remand for a determination by the Commission as to whether Matthews should be awarded attorney's fees he incurred in defending Petroleum and Hartford's appeal to the Commission pursuant to N.C.G.S. § 97-88 or N.C.G.S. § 97-88.1.
Affirmed and remanded.
Judges WYNN and WALKER concur.
Disposition
Affirmed and remanded.
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