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Walker v. Penn National Security Insurance Co.2/15/2005
ces conferred a benefit to a plaintiff. We hold that the trial court did not err in excluding the cost of Hoover Rehabilitation's services when it computed the amount of workers' compensation benefits received by plaintiff.
Having determined the foregoing, we proceed to the two-step inquiry outlined in Austin II to calculate the amount payable to plaintiff by defendant. See Austin II, ___ N.C. App. at ___, 603 S.E.2d at 856. We first subtract the amount paid to plaintiff by the liability carrier ($30,000) from the UIM policy limit ($1,000,000) and find that the UIM coverage limit is $970,000. We next determine the amount plaintiff is entitled to recover from the UIM carrier. Plaintiff's total loss was valued at $126,874. From this amount we subtract the amount of workers' compensation benefits, not including the amount of the workers' compensation lien, ($40,749.42 ) and the amount plaintiff received from theliability carrier ($30,000). The resulting figure representing the total amount of plaintiff's uncompensated loss is $56,789.68. Thus, we hold that the amount payable by the UIM carrier to plaintiff is $56,789.68, plus interest.
Since we have held that, under Austin II, defendant is entitled to a credit for the amount plaintiff received from the liability carrier, we need not consider defendant's remaining assignments of error regarding this issue.
We remand this matter for entry of judgment in the above calculated amount.
Reversed and remanded.
Judges McCULLOUGH and ELMORE concur.
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