The Commission or any of its members or deputies shall hear the parties at issue and their representatives and witnesses, and shall determine the dispute in a summary manner. The case shall be decided and findings of fact issued based upon the preponderance of the evidence in view of the entire record. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue shall be filed with the record of the proceedings, within 180 days of the close of the hearing record unless time is extended for good cause by the Commission, and a copy of the award shall immediately be sent to the parties in dispute. If the deputy or member of the Commission that heard the parties at issue and their representatives and witnesses is unable to determine the matters in dispute and issue an award, the Commission may assign another deputy or member to decide the case and issue an award. (1929, c. 120, s. 58; 1951, c. 1059, s. 7; 1987, c. 729, s. 15; 2011-287, s. 20; 2017-150, s. 3.)
Notes of Decisions
Bentley v. Jonathan Piner Constr., 802 S.E.2d 161 (N.C. Ct. App. 2017).
· cites it 16× “In an opinion published 20 September 2016, this Court determined that the plain language of N.C. Gen. Stat. § 97-84 (2015) was violated when the Commission based its opinion and award on an opinion and order by a deputy commissioner who was not present at the hearing and did not…”
Bentley v. Jonathan Piner Constr., 790 S.E.2d 379 (N.C. Ct. App. 2016).
· cites it 27× “Plaintiff appeals. II. Analysis Plaintiff argues the Commission erred in basing its decision on an opinion and award of a deputy commissioner who did not hear the evidence.”
Clark v. Wal-Mart, 619 S.E.2d 491 (N.C. 2005).
· cites it 3× “The Commission, possessing exclusive original jurisdiction over workers’ compensation cases, has the duty to hear the evidence and *43 file its award, “together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue.”
Johnson v. S. Tire Sales & Serv., 599 S.E.2d 508 (N.C. 2004).
· cites it 3× “” N.C.G.S. § 97-84 (2003). While the Commission is not required to make findings as to each fact presented by the evidence, it must find those crucial and specific facts upon which the right to compensation depends so that a reviewing court can determine on appeal whether an…”
Chambers v. Transit Mgmt., 636 S.E.2d 553 (N.C. 2006).
· cites it 3× “The Court of Appeals concluded that the record sufficiently supported the Commission’s findings of fact and conclusions of law. Standard of Review The Commission has exclusive original jurisdiction over workers’ compensation cases and has the duty to hear evidence and file its…”
Fennell v. North Carolina Dep't of Crime Control & Pub. Saf., 551 S.E.2d 486 (N.C. Ct. App. 2001).
· cites it 4× “See N.C. Gen.Stat. §§ 97-84, 97-85 (1999). In conducting such review, the Full Commission "shall review the award, and, if good ground be shown therefor, reconsider the evidence, receive further evidence, [and] rehear the parties or their representatives.”
Little v. Anson Cnty. Schs. Food Serv., 246 S.E.2d 743 (N.C. 1978).
· cites it 2× “Under G.S. 97-84 a party to workmen’s compensation proceedings is afforded the right to testify and present such relevant evidence as he may choose.”
Sims v. Charmes/Arby's Roast Beef, 542 S.E.2d 277 (N.C. Ct. App. 2001).
“ce, receive further evidence, rehear the parties or their representatives, and, if proper, amend the award: Provided, however, when application is made for review of an award, and such an award has been heard and determined by a commissioner of the North Carolina Industrial…”
Greene v. Conlon Constr. Co., 646 S.E.2d 652 (N.C. Ct. App. 2007).
· cites it 3× “Standard of Review “The [Industrial] Commission has exclusive original jurisdiction over workers’ compensation cases and has the duty to hear evidence and file its award, ‘together with a statement of the findings of fact, rulings of law, and other matters pertinent to the…”
Roberts v. Dixie News, Inc., 658 S.E.2d 684 (N.C. Ct. App. 2008).
· cites it 4× “§ 97-83 and N.C. Gen. Stat. § 97-84 . *501 Workers’ Comp.”
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