Industrial Commission hearing (North Carolina) · Go Syfert
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Industrial Commission hearing in North Carolina

24 North Carolina opinions name it 3 courts 1931–2018 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
International Agricultural Corp. v. . Johnsongreen
nc · 1931 · cited in 4 North Carolina opinions naming this issue, 1932–1932
2 sentences

1932“The findings of fact by the Industrial Commission in a hearing before them is conclusive on appeal when there is sufficient competent evidence to sustain the award.” Williams v. Thompson, 200 N. C., at p. 465.

1932“The findings of fact by the Industrial Commission in a hearing before them is conclusive upon appeal when there is sufficient competent evidence to sustain the award.” Williams v. Thompson, 200 N. C., at p. 465.

44
Newgent v. Buncombe County Board of Educationgreen
ncctapp · 1994 · cited in 2 North Carolina opinions naming this issue, 2014–2018
2 sentences

2018Stat. § 143-300.1 "to preclude the Industrial Commission from hearing tort claims wherein certain alleged negligent acts or omissions arose out of, and were inseparably connected to, events occurring at the time a school bus driver was operating the bus in the course of her employment." Id. at 409 , 442 S.E.2d at 159 .

2014Stat. § 143-300.1 “to preclude the Industrial Commission from hearing tort claims wherein certain alleged negligent acts or omissions arose out of, and were inseparably connected to, events occurring at the time a school bus driver was operating the bus in the course of her employment.” Newgent v. Buncombe Bd. Of Ed., 114 N.C.

12
Southern v. Morehead Cotton Mills Co.green
nc · 1931 · cited in 2 North Carolina opinions naming this issue, 1931–1935
2 sentences

1935“The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the Full Commission upon appeal, is conclusive upon the courts when supported by any sufficient evidence.” Southern v. Cotton Mills, 200 N. C., at p. 165; West v. East Coast Fertilizer Co., 201 N. C., 556 (558); Morgan v. Cloth Mills, supra; Holmes v. Brown, 207 N. C., 785 (786).

1931In Southern v. Cotton Mills Co., 200 N. C., 165 , it is held: “The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the full Commission upon appeal, is conclusive upon the courts when supported by any sufficient evidence.” Williams v. Thompson, 200 N. C., 463 .

12
Johnson v. Jones Group, Inc.green
ncctapp · 1996 · cited in 1 North Carolina opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Johnson v. Jones Grp., Inc., 123 N.C.App. 219 , 221-22, 472 S.E.2d 587 , 588 (1996) ("The refusal of the employee to accept any ... rehabilitative [services] when ordered by the Industrial Commission shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension .... " (quoting N.C.

2015See, e.g., Johnson v. Jones Grp., Inc., 123 N.C.App. 219 , 221-22, 472 S.E.2d 587 , 588 (1996) ("The refusal of the employee to accept any ... rehabilitative [services] when ordered by the Industrial Commission shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension .... " (quoting N.C.

11
Taylor v. Margaret R. Pardee Memorial Hospitalgreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

2008Although the evidence in the record does not support the Commission’s finding of fact in this matter, and the Commission’s conclusion of law is likewise unsupported, “[t]o warrant reversal, the Industrial Commission’s error must be material and prejudicial.” Taylor v. Pardee Hospital, 83 N.C.

2008App. 385, 387 , 350 S.E.2d 148, 150 (1986) (citation omitted). *530 Our review of the transcripts, records, and briefs supports the Commission’s finding that a Salaam violation occurred.

11
Troutman v. White & Simpson, Inc.green
ncctapp · 1995 · cited in 1 North Carolina opinions naming this issue, 2004–2004
2 sentences

2004Stat. § 97-88 (2001) provides: If the Industrial Commission at a hearing on review or any court before which any proceedings are brought on appeal under this Article, shall find that such hearing or proceedings were brought by the insurer and the Commission or court by its decision orders the insurer to make, or to continue payments of benefits, including compensation for medical expenses, to the injured employee, the Commission or court may further order that the cost to the injured employee of such hearing or proceedings including therein reasonable attorney’s fee to be determined by the Com

2004App. 48, 53 , 464 S.E.2d 481, 485 (1995).

11
Hanks v. Southern Public Utilities Co.green
nc · 1936 · cited in 1 North Carolina opinions naming this issue, 1992–1992
2 sentences

1992See Hanks v. Utilities Co., 210 N.C. 312 , 186 S.E. 252 (1936); Hogan v. Cone Mills Corp., 315 N.C. 127 , 337 S.E.2d 477 (1985); G.S. § 97-77; G.S. § 97-91.

1992See Hanks v. Utilities Co., 210 N.C. 312 , 186 S.E. 252 (1936); Hogan v. Cone Mills Corp., 315 N.C. 127 , 337 S.E.2d 477 (1985); G.S. § 97-77; G.S. § 97-91.

11
Ebbs v. St. Louis Union Trust Co.green
nc · 1930 · cited in 1 North Carolina opinions naming this issue, 1931–1931
1 sentence

1931In Reeves v. Parker, 199 N. C., at p. 242, the law is stated: “All through the act 'personal representative’ is mentioned, indicating a fixed purpose by the General Assembly that compensation should be awarded, where there are no dependents, to the personal representative.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
West v. East Coast Fertilizer Co. neutral
nc · 1931
2 sentences

1939In West v. Fertilizer Co., 201 N. C., 556 , it is held: “The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the Full Commission on appeal, are conclusive upon the courts when supported by any «sufficient evidence.

1935“The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the Full Commission upon appeal, is conclusive upon the courts when supported by any sufficient evidence.” Southern v. Cotton Mills, 200 N. C., at p. 165; West v. East Coast Fertilizer Co., 201 N. C., 556 (558); Morgan v. Cloth Mills, supra; Holmes v. Brown, 207 N. C., 785 (786).

21935–1939
Deskins v. Ithaca Industries, Inc. green
ncctapp · 1998
2 sentences

2011Stat. § 97-25 , as amended, provides, "The refusal of the employee to accept any medical compensation when ordered by the Industrial Commission shall bar the employee from further compensation until such refusal ceases. . . ." The language of this statute is specific, and the bar to compensation does not apply unless the employee "refuse[es] . . . to accept any medical, hospital, surgical, or other treatment . . . when ordered by the Commission." Deskins v. Ithaca Industries, Inc. , 131 N.C.

2011App. 826 , 509 S.E.2d 232 (1998). 3.

12011–2011
Roberts v. Wal-Mart Stores, Inc. green
ncctapp · 2005
2 sentences

2010Id. at 742-43 , 619 S.E.2d at 909 .

2010Id. at 742-43 , 619 S.E.2d at 909 .

12010–2010
Cox v. City of Winston-Salem green
ncctapp · 2005
1 sentence

2008“This Court reviews the Commission’s ruling on a motion for attorney’s fees for an abuse of discretion.” Cox v. City of Winston-Salem, 171 N.C.

12008–2008
Bowman v. Comfort Chair Company green
nc · 1967
2 sentences

2007Our Supreme Court has stated, "It is clear that this section of the statute is applicable only when such hearings or proceedings are brought by the insurer and the court orders the insurer to make or to continue payments of compensation to the injured employee." Bowman v. Comfort Chair Co., 271 N.C. 702 , 705, 157 S.E.2d 378 , 380 (1967) (emphasis supplied).

2007Our Supreme Court has stated, "It is clear that this section of the statute is applicable only when such hearings or proceedings are brought by the insurer and the court orders the insurer to make or to continue payments of compensation to the injured employee." Bowman v. Comfort Chair Co., 271 N.C. 702 , 705, 157 S.E.2d 378 , 380 (1967) (emphasis supplied).

12007–2007
Rackley v. Coastal Painting green
ncctapp · 2002
1 sentence

2005This provision “permits the Full Commission or an appellate court to award fees and costs based on an insurer’s unsuccessful appeal.” Rackley v. Coastal Painting, 153 N.C.

12005–2005
Watkins v. Central Motor Lines, Inc. green
nc · 1971
2 sentences

2000Watkins v. Central Motor Lines, 279 N.C. 132 , 181 S.E.2d 588 (1971). 2.

2000Watkins v. Central Motor Lines, 279 N.C. 132 , 181 S.E.2d 588 (1971). 2.

12000–2000
Hogan v. Cone Mills Corp. green
nc · 1985
2 sentences

1992See Hanks v. Utilities Co., 210 N.C. 312 , 186 S.E. 252 (1936); Hogan v. Cone Mills Corp., 315 N.C. 127 , 337 S.E.2d 477 (1985); G.S. § 97-77; G.S. § 97-91.

1992See Hanks v. Utilities Co., 210 N.C. 312 , 186 S.E. 252 (1936); Hogan v. Cone Mills Corp., 315 N.C. 127 , 337 S.E.2d 477 (1985); G.S. § 97-77; G.S. § 97-91.

11992–1992
Crawley v. Southern Devices, Inc. green
ncctapp · 1976
1 sentence

1990This portion of § 97-25 was construed in Crawley v. Southern Devices, Inc., 31 N.C.

11990–1990
Vaughn v. North Carolina Department of Human Resources green
ncctapp · 1978
1 sentence

1986Vaughn v. Dept. of Human Resources, 37 N.C.

11986–1986
Hinkle v. City of Lexington green
nc · 1953
2 sentences

1968Hinkle v. Lexington, 239 N.C. 105 , 79 S.E. 2d 220 (1953).

1968Hinkle v. Lexington, 239 N.C. 105 , 79 S.E. 2d 220 (1953).

11968–1968
Fox v. Cramerton Mills, Inc. green
nc · 1945
2 sentences

1953Fox v. Mills, Inc., 225 N.C. 580 , 35 S.E. 2d 869 .

1953Fox v. Mills, Inc., 225 N.C. 580 , 35 S.E. 2d 869 .

11953–1953
Goodwin v. . Bright green
nc · 1932
1 sentence

1939Where there is evidence tending to show that the deceased received the injury that caused his death while on duty as a *380 night watchman in defendant’s manufacturing plant, and that he had been robbed by his assailant when the injury was inflicted, is sufficient to sustain a finding by the Industrial Commission that the injury was. received in the course of and arising out of the employment and the award for compensation by the Industrial Commission will be sustained.”' Goodwin v. Bright, 202 N. C., 481 .

11939–1939
Brown v. . Ice Co. neutral
nc · 1932
1 sentence

1937Brown v. Ice Co., 203 N. C., 97 (100).

11937–1937
Holmes v. M. G. Brown Co. neutral
nc · 1935
1 sentence

1935“The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the Full Commission upon appeal, is conclusive upon the courts when supported by any sufficient evidence.” Southern v. Cotton Mills, 200 N. C., at p. 165; West v. East Coast Fertilizer Co., 201 N. C., 556 (558); Morgan v. Cloth Mills, supra; Holmes v. Brown, 207 N. C., 785 (786).

11935–1935
Morgan v. Cleveland Cloth Mills neutral
nc · 1934
1 sentence

1935“The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the Full Commission upon appeal, is conclusive upon the courts when supported by any sufficient evidence.” Southern v. Cotton Mills, 200 N. C., at p. 165; West v. East Coast Fertilizer Co., 201 N. C., 556 (558); Morgan v. Cloth Mills, supra; Holmes v. Brown, 207 N. C., 785 (786).

11935–1935
Williams v. . Thompson neutral
nc · 1931
1 sentence

1931In Southern v. Cotton Mills Co., 200 N. C., 165 , it is held: “The findings of fact of a member of the Industrial Commission in a hearing before him under the Workmen’s Compensation Act, approved by the full Commission upon appeal, is conclusive upon the courts when supported by any sufficient evidence.” Williams v. Thompson, 200 N. C., 463 .

11931–1931

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 97-2 (5) NC § N.C. Gen. Stat. § 97-88 (5) NC § N.C. Gen. Stat. § 97-29 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 24 (1931–2018) OH 17 (1929–2021) IL 15 (1919–2014) AZ 12 (1975–2024) ID 4 (1975–1990) CO 3 (1977–2006) OK 3 (1931–1959) SC 3 (1941–2013) GA 2 (1935–1936)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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