Hollowell v. North Carolina Department of Conservation & Development

161 S.E. 89, 201 N.C. 616, 1931 N.C. LEXIS 49

• Court: Supreme Court of North Carolina
• Decided: November 10, 1931
• Status: Published

Opinion

Adams, J.

The respondent appealed from the order made by the chairman of the Industrial Commission directly to the Superior Court of Wake County without applying to the full Commission for its review of the proceedings. This mode of obtaining a review of the hearing by one member of the Commission is not within the contemplation of law. Public Laws 1929, chap. 120, secs. 68, 59, 60. When made by only one member of the Commission, 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, and a copy of the award shall be sent to the parties. If no further action is taken this award is final. Within seven days from the date when notice of the award shall have been given, application for a review of the award may be made to the full Commission. The decision of the full Commission is conclusive and binding as to all questions of fact, but within the time prescribed either party may appeal upon questions of law from such decision to the Superior Court.

There is no provision that findings of fact made by a single member of the Commission shall be conclusive on appeal, or that the judge on appeal shall find any facts from the evidence. It was the obvious purpose of the Legislature to authorize an appeal to the Superior Court only from a decision of the full Commission.

The judgment that the petitioner recover nothing is reversed, and the cause is remanded with leave to the respondent to apply for a hearing by a full Commission.

Error and remanded.