Henry v. A. C. Lawrence Leather Co., 21

Decision Date01 March 1950
Docket NumberNo. 21,21
Citation57 S.E.2d 760,231 N.C. 477
PartiesHENRY, v. A. C. LAWRENCE LEATHER CO. et al.
CourtNorth Carolina Supreme Court

R. E. Sentelle, Waynesville, for plaintiff, appellee.

Morgan & Ward, Waynesville, for defendants, appellants.

ERVIN, Justice.

The following rules are well settled in respect to proceedings coming within the purview of the North Carolina Workmen's Compensation Act:

1. The claimant has the burden of proving that his claim is compensable under the Act. Bolling v. Belk-White Co., 228 N.C. 749, 46 S.E.2d 838; Hayes v. Board of Trustees of Elon College, 224 N.C. 11, 29 S.E.2d 137; Gassaway v. Gassaway & Owen, Inc., 220 N.C. 694, 18 S.E.2d 120; McGill v. Town of Lumberton, 215 N.C. 752, 3 S.E.2d 324.

2. Fact-finding authority is vested in the North Carolina Industrial Commission which is the sole judge of the truthfulness and weight of the testimony of the witnesses. G.S. § 97-84; Beach v. McLean, 219 N.C. 521, 14 S.E.2d 515.

3. The findings of fact of the Industrial Commission are conclusive and binding upon appeal to the courts if such findings are supported by competent evidence, the jurisdiction of the courts being limited to questions of law. Withers v. Black, 230 N.C. 428, 53 S.E.2d 668; Winslow v. Carolina Conference Association, 211 N.C. 571, 191 S.E. 403; Byrd v. Gloucester Lumber Co., 207 N.C. 253, 176 S.E. 572.

4. In passing upon an appeal from an award of the Industrial Commission, the reviewing court is limited in its inquiry to two questions of law, namely: (1) Whether or not there was any competent evidence before the Commission to support its findings of fact; and (2) whether or not the findings of fact of the Commission justify its legal conclusions and decision. 58 Am. Jur., Workmen's Compensation, section 530.

The North Carolina Workmen's Compensation Act does not cover all occupational diseases. Schneider's Workmen's Compensation, Perm.Ed., Text Volume 3, section 924; Horovitz on Workmen's Compensation, page 85. It makes compensable disablements or deaths of employees resulting from a limited number of occupational diseases, i. e., those specifically designated in the twenty-six subdivisions of G.S. § 97-53 as amended by Chapter 1078 of the 1949 Session Laws of North Carolina. G.S. § 97-52.

The plaintiff insists that the judgment of the Superior Court upholding the award of the Industrial Commission ought to be sustained on the ground that his disabling dermatitis is compensable as an 'infection or inflammation of the skin * * * due to irritating oils, cutting compounds, chemical dust, liquids, fumes gases or vapors' within the meaning of the thirteenth subdivision of G.S. § 97-53. He rightly concedes that his ailment can not qualify as an occupational disease under any other provision of the statute.

The defendants assert, however, by appropriate exceptions to findings of fact, conclusions of law, and the award itself, that the plaintiff has failed to prove that his disabling dermatitis falls within the coverage of the thirteenth subdivision of the statute. They advance two contentions to invalidate the award of the Industrial Commission and the judgment of the Superior Court affirming it. These are: (1) That there was no evidence before the Commission supporting its specific finding of fact that the dermatitis suffered by plaintiff was caused by 'solidified chemical compounds contained in the rubber gloves'; and (2) that such finding of fact, even if supported by evidence, is insufficient to justify the legal conclusion and the decision that...

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74 cases
  • Morrison v. Burlington Industries, 114
    • United States
    • North Carolina Supreme Court
    • 6 Octubre 1981
    ...v. Construction Co., 265 N.C. 431, 144 S.E.2d 272 (1965); Rice v. Chair Co., 238 N.C. 121, 76 S.E.2d 311 (1953); Henry v. Leather Co., 231 N.C. 477, 57 S.E.2d 760 (1950). The appellate court does not retry the facts. It merely determines from the proceedings before the Commission whether su......
  • Roberts v. Burlington Industries, Inc., 387PA87
    • United States
    • North Carolina Supreme Court
    • 3 Febrero 1988
    ...N.C. at 452, 85 S.E.2d at 599, quoting Johnson v. Hosiery Co., 199 N.C. 38, 40, 153 S.E. 591, 593 (1930) and Henry v. Leather Co., 231 N.C. 477, 480, 57 S.E.2d 760, 762-63 (1950). The Act was not intended to establish general insurance benefits. Perry v. Bakeries Co., 262 N.C. at Accordingl......
  • Rutledge v. Tultex Corp./Kings Yarn
    • United States
    • North Carolina Supreme Court
    • 5 Abril 1983
    ...particular case is one wherein the claimant has failed to meet her burden of proof that she has a compensable claim. Henry v. Leather Co., 231 N.C. 477, 57 S.E.2d 760 (1950). The evidence does not establish the claim. In cases where there is continuing medical difficulty in determining the ......
  • Matthews v. Carolina Standard Corp.
    • United States
    • North Carolina Supreme Court
    • 9 Junio 1950
    ...conclusion was supported by the evidence and should have been upheld. The burden of proof was on the plaintiff. Henry v. A. C. Lawrence Leather Co., 231 N.C. 477, 57 S.E.2d 760; McGill v. Town of Lumberton, 215 N.C. 752, 3 S.E.2d 324. To make out a valid claim plaintiff was required to show......
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