Articles Tagged with workers compensation

Published on: May 8, 2023

Worker’s Compensation and Equitable Distribution

By Y. Michael Yin, JD

FOSTER V. FOSTER, 2023-NCCOA-______ (2023)

Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a slight unequal division in Defendant’s favor. One item that classified as Plaintiff’s separate property was an account with funds sourced from a settlement Plaintiff received pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), and some items of personal property purchased with those funds. Defendant appealed.

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