Porterfield v. RPC Corp., 7910IC931
| Decision Date | 03 June 1980 |
| Docket Number | No. 7910IC931,7910IC931 |
| Citation | 47 N.C.App. 140,266 S.E.2d 760 |
| Parties | Kenneth G. PORTERFIELD v. RPC CORPORATION and Standard Fire Insurance Company. |
| Court | North Carolina Court of Appeals |
Burke & King by Ronnie P. King, Roxboro, for plaintiff-appellant.
John H. Pike, Oxford, for defendants-appellees.
Plaintiff presents one issue for our determination: "Did the Full Commission of the North Carolina Industrial Commission err in its ruling that, FINDING OF FACT NUMBER 17, in the Opinion and Award filed by Deputy Commissioner William L. Haig (sic), as filed on October 27, 1978, was not supported by evidence?" We find no error and affirm the Commission.
G.S. 97-31(24) provides inter alia :
The Commission is the fact-finding body under the Workers' Compensation Act. Brewer v. Trucking Co., 256 N.C. 175, 123 S.E.2d 608 (1962). The rule is, as fixed by statute and case law of this State, that findings of fact made by the Commission are conclusive on appeal when supported by competent evidence. G.S. 97-86; McMahan v. Supermarket, 24 N.C.App. 113, 210 S.E.2d 214 (1974). The Commission's legal conclusions are subject to court review. Jackson v. Highway Commission, 272 N.C. 697, 158 S.E.2d 865 (1968).
In order for plaintiff to be entitled to compensation pursuant to G.S. 97-31(24), he must show from medical evidence that he has loss of or permanent injury to an important external or internal organ or part of his body for which no compensation is payable under any other subdivision of G.S. 97-31. The record reveals that plaintiff was suffering from his third right inguinal hernia, that such was repaired with a Teflon mesh, and that plaintiff was directed not to lift more than 30 to 35 pounds. Following his 1976 hernia repair, plaintiff was also advised not to lift more than 30 or 35 pounds. The third recurrent inguinal hernia did not reduce plaintiff's ability to lift any objects that were not restricted by his prior 1976 limitation. From this record, the Commission did not find that the repair of plaintiff's hernia in 1978 was a loss of or permanent injury to an important organ or part of plaintiff's body in view of his prior operations. The evidence in the record supports the negative finding.
Webster's Third New International Dictionary (1976) defines "important" as "valuable in content or relationship." The evidence in the record before us does not show how much muscle or tissue was removed from plaintiff's body, and if not removed, the degree of injury to the muscle or tissue. The record is completely devoid of any evidence as to the value of the muscle or tissue in question to the body of plaintiff. Unless the importance of the muscle and tissue is shown, an award for compensation will not lie under G.S. 97-31(24); otherwise, all injuries could fall within G.S. 97-31(24). This, in our opinion, was not the intent of the Legislature when it enacted G.S. 97-31(24).
The statement written by Justice Higgins in Cates v. Construction Co., 267 N.C. 560, 563, 148 S.E.2d 604, 607 (1966), is as true today as the day the case was decided:
"It must be remembered the Workmen's (now Workers') Compensation Act requires the Industrial Commission and the courts to construe the compensation act liberally in favor of the injured workman. 'The Act "should be liberally construed to the end that the benefits thereof shall not be denied upon technical, narrow, and strict...
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Taylor v. Carolina Restaurant Group, Inc.
...to the contrary.'" Shah v. Howard Johnson, 140 N.C.App. 58, 61-62, 535 S.E.2d 577, 580 (2000) (quoting Porterfield v. RPC Corp., 47 N.C.App. 140, 144, 266 S.E.2d 760, 762 (1980)), disc. review denied, 353 N.C. 381, 547 S.E.2d 17 "`In order to obtain compensation under the Workers' Compensat......
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Locklear v. Palm Harbor Homes, Inc., No. COA08-1562 (N.C. App. 12/8/2009)
...by such evidence, even though there is evidence that would have supported a finding to the contrary." Porterfield v. RPC Corp., 47 N.C. App. 140, 144, 266 S.E.2d 760, 762 (1980) (citing Willis v. Drapery Plant, 29 N.C. App. 386, 224 S.E.2d 287 (1976)); see also Cole v. Guilford County, 259 ......
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Rose v. City of Rocky Mount, COA05-1645.
...to the contrary.'" Shah v. Howard Johnson, 140 N.C.App. 58, 61-62, 535 S.E.2d 577, 580 (2000) (quoting Porterfield v. RPC Corp., 47 N.C.App. 140, 144, 266 S.E.2d 760, 762 (1980)), disc. review denied, 353 N.C. 381, 547 S.E.2d 17 (2001). We may not substitute our own judgment for that of the......
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Smith-Price v. CHARTER PINES BEHAVIORAL
...is evidence that would have supported a finding to the contrary.'" Id. at 61-62, 535 S.E.2d at 580 (quoting Porterfield v. RPC Corp., 47 N.C.App. 140, 144, 266 S.E.2d 760, 762 (1980)). The Calloway Court went further stating that "our task on appeal is not to weigh the respective evidence b......