Burnham v. McGee Bros., 221 N.C. App. 341

Plaintiff Burnham sustained a work injury rendering him paraplegic, affecting housing needs.
He previously shared a third-floor apartment with rent partially paid by him, inaccessible after injury.
Defendant McGee Brothers assisted with remodeling and housing efforts; Plaintiff later rented handicapped-accessible two-bedroom apartments.
Defendants argued ongoing rent is an ordinary life expense; Plaintiff sought reimbursement for the extra two-bedroom housing cost.
Industrial Commission awarded housing cost but denied attorney’s fees; on reconsideration, new findings supported Defendants’ reasonable defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Commission erred denying attorney’s fees	Burnham contends Defendants had no valid basis to defend rent costs.	Defendants had a legitimate defense, including prorating issues and ordinary-expense supports.	No reversible error; there was a valid basis to defend.
Whether Defendants’ defense was reasonable and not stubborn or unfounded	Finding of unreasonable conduct should be overturned due to evidence showing cooperation.	Evidence showed reasonable conduct and legitimate defenses; the Commission did not err.	Defendants’ conduct not stubborn unfounded; defense reasonable.

Taylor v. J.P. Stevens Co., 307 N.C. 392 (1983) (agency discretion to award attorney’s fees; abuse of discretion standard)
Troutman v. White & Simpson, Inc., 121 N.C. App. 48 (1995) (arbitrary or reasoned review of fee awards)
Clayton v. Mini Data Forms, Inc., 199 N.C. App. 410 (2009) (two-part de novo and abuse-of-discretion standard for § 97-88.1)
Little v. Penn Ventilator Co., 317 N.C. 206 (1986) (abuse-of-discretion standard and reasonableness of decision)
Pittman v. Thomas & Howard, 122 N.C. App. 124 (1996) (correct result affirmed despite different reasoning; no prejudicial error)