case involving claim in North Carolina

2015In an Opinion and Award in a workers' compensation case, the Industrial Commission "must make specific findings of fact as to each material fact upon which the rights of the parties in a case involving a claim for compensation depend." Johnson v. Herbi e's Place, 157 N.C.App. 168 , 172, 579 S.E.2d 110 , 113 (2003).

2015In an Opinion and Award in a workers' compensation case, the Industrial Commission "must make specific findings of fact as to each material fact upon which the rights of the parties in a case involving a claim for compensation depend." Johnson v. Herbi e's Place, 157 N.C.App. 168 , 172, 579 S.E.2d 110 , 113 (2003).

2003Defendants argue first that the Industrial Commission “committed reversible error by failing to make [certain] specific findings of fact supported by competent and unrebutted evidence[.]” Defendants contend that their proposed findings were “necessary to decide in order for the appellate court to determine whether there was any adequate basis for the Commission’s ultimate findings of fact.” *172 Defendants correctly state that the Industrial Commission “must make specific findings of fact as to each material fact upon which the rights of the parties in a case involving a claim for compensation

2003Defendants argue first that the Industrial Commission “committed reversible error by failing to make [certain] specific findings of fact supported by competent and unrebutted evidence[.]” Defendants contend that their proposed findings were “necessary to decide in order for the appellate court to determine whether there was any adequate basis for the Commission’s ultimate findings of fact.” *172 Defendants correctly state that the Industrial Commission “must make specific findings of fact as to each material fact upon which the rights of the parties in a case involving a claim for compensation

1915R. , 87 N.C. 255 : `The rigid rules of the common law with reference to the liability of common carriers should not be applied to a case involving the violation of a penal statute.' Such has been the uniform rule of construction from the earliest times." And in Cox v. R.

1915R., 87 N. C., 255 : ‘The rigid rules of the common law with reference to the liability of common carriers should not be applied to a case involving the violation of a penal statute.’ Such has been the uniform rule of construction from the earliest times.” And in Cox v. R.

1981Wood v. Stevens & Co., 297 N.C. 636 , 256 S.E. 2d 692 (1979); Thomason v. Cab Co., 235 N.C. 602 , 70 S.E. 2d 706 (1952).

1981Wood v. Stevens & Co., 297 N.C. 636 , 256 S.E. 2d 692 (1979); Thomason v. Cab Co., 235 N.C. 602 , 70 S.E. 2d 706 (1952).

1915R. , 148 N.C. 459 , 460 , the Court said, in discussing the same subject: "It is a well-established principle of law, applicable to corporations and individuals alike, that penal statutes are strictly construed, and that he who sues to recover a penalty awarded by the law must bring his case clearly within the language and meaning of the law.

1915R., 148 N. C., 459, 460 , the Court said, in discussing the same subject: “It is a well-established principle of law, applicable to corporations and individuals alike, that penal statutes are strictly construed, and that he who sues to recover a penalty awarded by the law must bring his case clearly within the language and meaning of the law.

2016Thus, the Commission must find those facts which are necessary to support its conclusions of law.' " Salomon v. Oaks of Carolina , 217 N.C.App. 146 , 152, 718 S.E.2d 204 , 208 (2011) (quoting Johnson v. Herbie's Place , 157 N.C.App. 168 , 172, 579 S.E.2d 110 , 113 (2003) ).

2016Thus, the Commission must find those facts which are necessary to support its conclusions of law.' " Salomon v. Oaks of Carolina , 217 N.C.App. 146 , 152, 718 S.E.2d 204 , 208 (2011) (quoting Johnson v. Herbie's Place , 157 N.C.App. 168 , 172, 579 S.E.2d 110 , 113 (2003) ).

2003Thus, “the Commission must find those facts which are necessary to support its conclusions of law.” Peagler v. Tyson Foods, Inc., 138 N.C.

2003For example, in In re Moore, 301 N.C. 634 , 272 S.E.2d 826 (1981), a case involving a bar applicant who was denied a law license for failing to demonstrate sound moral character, this Court reviewed the record in an attempt to determine if there was adequate evidence to support the Board of Law Examiners’ expressed finding that the applicant had committed acts that called his moral character into question.

2003For example, in In re Moore, 301 N.C. 634 , 272 S.E.2d 826 (1981), a case involving a bar applicant who was denied a law license for failing to demonstrate sound moral character, this Court reviewed the record in an attempt to determine if there was adequate evidence to support the Board of Law Examiners’ expressed finding that the applicant had committed acts that called his moral character into question.

2002PNE AOA Media, L.L.C. v. Jackson Cty., 146 N.C.

2000This Court has stated that in order to recover treble damages, a plaintiff must show that he “suffered actual injury as a proximate result of defendant’s deceptive statement or misrepresentation.” Pearce, 316 *75 N.C. at 471, 343 S.E.2d at 180 ; accord Ellis, 326 N.C. at 226 , 388 S.E.2d at 131 ; see also Noel L.

2000If the findings of fact of the Commission are insufficient to enable the court to determine the rights of the parties upon the matters in controversy, the cause must be remanded to the Commission for proper findings of fact.” Id. (quoting Hansel v. Sherman Textiles, 304 N.C. 44, 59 , 283 S.E.2d 101, 109-10 (1981) (citations omitted)).

1988App. 426 , 326 S.E. 2d 339 (1985), a case involving the violation of a specific federal safety standard, our court, after reviewing relevant federal decisions, applied a “reasonable man” standard in considering the safety violation and declared: In order to establish that Daniel violated 29 CFR 1926.28(a) as charged in the citation, OSH had to prove that under the circumstances which existed a reasonably prudent employer would have recognized that carrying heavy objects above their unprotected feet was hazardous to the employees doing the carrying and would require them to wear safety toe shoe

1980App. 126 , 162 S.E. 2d 619 (1968), and where such findings are insufficient to enable the court to determine the rights of the parties, the cause must be remanded for proper findings.

1980In a case involving a claim for compensation, the Commission must make specific findings of fact as to each material fact upon which the rights of the parties depend, Morgan v. Furniture Industries, Inc., 2 N.C.

1980App. 286 , 218 S.E. 2d 717 (1975), a case involving a claim under the Workmen’s Compensation Act, is applicable to the case sub judice.

1968In the case of Lippard v. Express Co., 207 N.C. 507 , 177 S.E. 801 , the Supreme Court, speaking through Connor, J., said: “The dependency which the statute recognizes as the basis of the right of the child to compensation grows out of the relationship, which in itself imposes upon the father the duty to support the child, and confers upon the child the right to support by its father.

1968In the case of Lippard v. Express Co., 207 N.C. 507 , 177 S.E. 801 , the Supreme Court, speaking through Connor, J., said: “The dependency which the statute recognizes as the basis of the right of the child to compensation grows out of the relationship, which in itself imposes upon the father the duty to support the child, and confers upon the child the right to support by its father.

1916The owner must be deprived of the use of the property claimed to be embezzled by an adverse use or holding.” A case involving the principle contended for by defendant is Gibson v. State, 13 Ga. App., 459 , rehearing denied 23 September, 1913.