Adams v. Kelly Springfield Tire Company

North Carolina Industrial Commission

Adams v. Kelly Springfield Tire Company

CourtNorth Carolina Industrial Commission

DecidedMay 30, 1997

DocketI.C. No. 011509

StatusPublished

This text of Adams v. Kelly Springfield Tire Company (Adams v. Kelly Springfield Tire Company) is published on Counsel Stack Legal Research, covering North Carolina Industrial Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Kelly Springfield Tire Company, (N.C. Super. Ct. 1997).

Pincite

Opinion

Commissioner Vance's Order denying discovery is the type of order contemplated when Rule 701 was promulgated. Therefore, the proper procedure to follow when a party disagrees with a ruling and appeals is for the Commission to place the matter before a Deputy Commissioner to hear the arguments, take evidence if necessary and to enter an Order with Findings of Fact and Conclusions of Law. A record will thus be created which can be reviewed by the Full Commission should one of the parties appeal the Deputy Commissioner's ruling.

Therefore, in review of the provisions of Industrial Commission Rule 701, Coy Vance's Order is hereby VACATED and this matter is REMANDED to a Deputy Commissioner for a hearing and filing of an Order with Findings of Fact and Conclusions of Law.

This the _____ day of May 1997.

S/ ____________ DIANNE C. SELLERS COMMISSIONER

CONCURRING:

S/ ____________ THOMAS J. BOLCH COMMISSIONER

S/ ____________ LAURA K. MAVRETIC COMMISSIONER

DCS:jmf

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Commissioner Vance's Order denying discovery is the type of order contemplated when Rule 701 was promulgated. Therefore, the proper procedure to follow when a party disagrees with a ruling and appeals is for the Commission to place the matter before a Deputy Commissioner to hear the arguments, take evidence if necessary and to enter an Order with Findings of Fact and Conclusions of Law. A record will thus be created which can be reviewed by the Full Commission should one of the parties appeal the Deputy Commissioner's ruling.