Buchanan v. State Highway And Pub. Works Comm'n

• Decision Date: 28 February 1940
• Docket Number: No. 18.,18.
• Citation: 7 S.E.2d 382,217 N.C. 173
• Court: North Carolina Supreme Court
• Parties: BUCHANAN. v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION.

217 N.C. 173

7 S.E.2d 382

BUCHANAN.

v.STATE HIGHWAY AND PUBLIC WORKS COMMISSION.

No. 18.

Supreme Court of North Carolina.

Feb. 28, 1940.

Appeal from Superior Court, Graham County; Felix E. Alley, Judge.

Proceeding under the Workmen's Compensation Act by Charlie Buchanan, claimant, opposed by the State Highway and Public Works Commission, employer. The claimant's claim was denied by the Industrial Commission, and the claimant appealed to the superior court. The superior court reversed the Industrial Commission's finding and directed the Industrial Commission to award compensation, and the employer appeals.

Superior court's judgment reversed, and cause remanded to the superior court for judgment in accordance with opinion.

Plaintiff's claim for compensation for injury by accident under the North Carolina Workmen's Compensation Act, Code 1935, § 8081(h) et seq., was denied by the Industrial Commission upon the following findings of fact: "The claimant on or about the 8th day of June, 1936, was working for the State Highway Commission in Graham County and his duties required him to lift a scoop filled with dirt in order that it might be turned over by the tractor that was pulling the same and that on the day in question the claimant while lifting the scoop in the usual manner without anything unusual happening turned sick and blind and was unable to work for several days, he improved and went back to work about May 1, and after working for a shorttime a similar condition came upon the claimant and he was unable to work any more until September 1st. After considering all the evidence in this case; the evidence of Dr. Crawford and Dr. Herbert as to the condition which the claimant was suffering from, the Commission is unable to find that the claimant received an injury arising out of and in the course of his employment which meets the requirements and provisions of the North Carolina Workmen's Compensation Act."

Upon appeal to the Superior Court "the finding, conclusion or award" of the Industrial Commission was reversed, and the Industrial Commission was directed to award compensation to the plaintiff. The defendant appealed to the Supreme Court.

R. L. Phillips, of Robbinsville, for plaintiff.

Charles Ross, of Raleigh, for defendant.

DEVIN, Justice.

Under the North Carolina Workmen's Compensation Act, dealing with the matter of compensation for injuries due to the hazards of industry, both the duty and the exclusive authority to find the facts relative to controverted claims are vested in the Industrial Commission, and it is provided by section 60 of the Act, Code 1935, § 8081(p.p.p.), that upon review the award of the Commission shall be conclusive and binding as to all questions of fact. In accord with this statutory provision it has been uniformly held by this court that, when supported by competent evidence, the findings of fact by the Industrial Commission are conclusive on appeal, and are not subject to review by the Superior Court or the Supreme Court. Williams v. Thompson, 200...