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Homer R. Vernon Employee v. Steven L. Mabe Builders6/15/1993
m 26 agreement, determine that the agreement is fair."
Form 26 agreements are permitted by N.C. Gen. Stat. § 97-82, which provides that an employee may reach an agreement in regard to compensation under the Worker's Compensation Act, execute a memorandum of the agreement in the form prescribed by the Industrial Commission, and file it with the Commission. N.C. Gen. Stat. § 97-82 (1992). The role of the Commission, as emphasized by former Chief Judge Hedrick in a prior opinion of this Court, is as follows: "The Commission acts in a judicial capacity in approving an agreement and the settlement as approved becomes an award enforceable, if necessary, by a court decree." Brookover v. Borden, Inc., 100 N.C. App. 754, 755, 398 S.E.2d 604, 606 (1990), disc. rev. denied, 328 N.C. 270, 400 S.E.2d 450 (1991)(citing Pruitt v. Knight Publishing Co., 289 N.C. 254, 258, 221 S.E.2d 355, 358 (1976)). Moreover, our Supreme Court, acknowledging that the Commission acts "as a court to adjudicate those claims which may not be adjusted by the parties themselves," noted that, in so acting, "the Industrial Commission stands by to assure fair dealing in any voluntary
settlement." Biddix v. Rex Mills, Inc., 237 N.C. 660, 663, 75 S.E.2d 777, 780 (1953)(emphasis added).
Because I believe that the Commission is required to determine that a Form 26 agreement is fair, and because the Commission has not made a finding that the Form 26 agreement at issue in the instant case is fair, I would remand this case for such a determination.
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