Upon determination of said claim the Commission shall notify all parties concerned in writing of its decision and either party shall have 15 days after receipt of such notice within which to file notice of appeal with the Industrial Commission. Such appeal, when so taken, shall be heard by the Industrial Commission, sitting as a full Commission, on the basis of the record in the matter and upon oral argument of the parties, and said full Commission may amend, set aside, or strike out the decision of the hearing commissioner and may issue its own findings of fact and conclusions of law. Upon determination of said claim by the Industrial Commission, sitting as a full Commission, the Commission shall notify all parties concerned in writing of its decision. Such determination by the Industrial Commission, sitting as a full Commission, upon claims in an amount of five hundred dollars ($500.00) or less, shall be final as to the State or any of its departments, institutions or agencies, and no appeal shall lie therefrom by the State or any of its departments, institutions or agencies. (1951, c. 1059, s. 2; 1955, c. 770; 1979, c. 581.)
Notes of Decisions
Hummel v. Univ. of North Carolina, 576 S.E.2d 124 (N.C. Ct. App. 2003).
· cites it 28× “Thus, the findings of the full commission based on the medical evidence were within the scope of its *131 role as defined by N.C. Gen.Stat. § 143-292 (2001).”
Medley v. North Carolina Dep't of Corr., 412 S.E.2d 654 (N.C. 1992).
· cites it 6× “Plaintiff appealed the order to the Full Commission pursuant to N.C.G.S. § 143-292. On 25 August 1989 the Full Commission entered a decision and order affirming Deputy Commissioner Page's order.”
Brewington v. North Carolina Dep't of Corr., 433 S.E.2d 798 (N.C. Ct. App. 1993).
· cites it 11× “Plaintiff’s second argument is that the full Commission denied him meaningful appellate review under N.C.G.S. § 143-292 by summarily affirming and adopting the Deputy Commissioner’s decision and order.”
Goetz v. Wyeth-Lederle Vaccines, 608 S.E.2d 810 (N.C. Ct. App. 2005).
· cites it 2× “[,]” N.C. Gen. Stat. § 143-292 , make unpersuasive claimants’ assertion that the legislature’s use of the term “full commission” in N.”
Smith v. N.C. Dep't of Nat. Resources & Cmty. Dev., 436 S.E.2d 878 (N.C. Ct. App. 1993).
“” § 143-292 (1990). We find that the legislature’s use of the word “may” indicates that although the full Commission is permitted to enter its own findings of fact and conclusions of law, it is not required to do so.”
Solomon v. Dixon, 724 F. Supp. 1193 (E.D.N.C. 1989).
· cites it 2× “Decisions of the Deputy Commissioner are appealable to the full Industrial Commission pursuant to N.C. Gen.Stat. § 143-292 and, thereafter, to the North Carolina Court of Appeals as set forth in N.”
Bradshaw v. State Bd. of Educ., 93 S.E.2d 434 (N.C. 1956).
· cites it 3× “And pertaining to appeal from determination of a claim by the Commission, it is provided in G.S. § 143-292 that such appeal shall be heard by the Industrial Commission, sitting as a Full Commission, on the basis of the record in the matter and upon oral argument of the parties,…”
Lucas v. Rockingham Cnty. Schs., 692 S.E.2d 890 (N.C. Ct. App. 2010).
· cites it 4× “" Defendant cites N.C. Gen. Stat. § 143-292 for the proposition that it was entitled to have its appeal be, heard by the Industrial Commission, sitting as a full Commission, on the basis of the record in the matter and upon oral argument of the parties, and said full Commission…”
Williams v. Wilson Cnty. Bd. of Educ. (N.C. Ct. App. 2014).
· cites it 2× “Pursuant to Article 31 of Chapter 143 of our General Statutes, “Tort Claims Against State Departments and Agencies,” when an appeal is taken from the Deputy Commissioner, [s]uch appeal, when so taken, shall be heard by the Industrial Commission, sitting as a full Commission, on…”
Smith v. Dept. of Nat. Res. & Com. Dev., 436 S.E.2d 878 (N.C. Ct. App. 1993).
“" § 143-292 (1990). We find that the legislature's use of the word "may" indicates that although the full Commission is permitted to enter its own findings of fact and conclusions of law, it is not required to do so.”
Gay v. Wake Cnty. Bd. of Educ., 119 S.E.2d 460 (N.C. 1961).
“Among the provisions of the statute pertaining to appeals in cases under the Tort Claims Act, G.S. 143-292, it is provided that either party may appeal from the decision of the Full Commission to the Superior Court of the county in which the claim arose; that such appeal shall…”
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