Priddy v. Cone Mills Corp., 8110IC1059

• Decision Date: 07 September 1982
• Docket Number: No. 8110IC1059,8110IC1059
• Citation: 58 N.C.App. 720,294 S.E.2d 743
• Parties: Chalmer L. PRIDDY, Employee, v. CONE MILLS CORPORATION, Employer, and Liberty Mutual Insurance Company, Carrier.
• Court: North Carolina Court of Appeals

Page 743

294 S.E.2d 743

58 N.C.App. 720

Chalmer L. PRIDDY, Employee, v. CONE MILLS CORPORATION, Employer, and Liberty Mutual Insurance Company, Carrier.

No. 8110IC1059.

Court of Appeals of North Carolina.

Sept. 7, 1982.

Ling & Farran by Jeffrey P. Farran, Greensboro, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by J. Donald Cowan, Jr., Greensboro, for defendant-appellees.

ROBERT M. MARTIN, Judge.

Plaintiff argues that the Industrial Commission erred in not finding that she was disabled by an occupational lung disease and entitled to disability benefits. Even though we do not agree that the evidence compels a finding of disability as a matter of law, we hold that the award must be vacated and this matter remanded.

As a general rule an opinion and award of the Industrial Commission is conclusive on appeal if its findings of fact are supported by any competent evidence and the conclusions of law are supported by the findings. Barham v. Food World, 300 N.C. 329, 266 S.E.2d 676 (1980). However, an order may be remanded to the Commission for additional findings of fact where the findings are insufficient to determine the rights of the parties. Byers v. Highway Commission, 275 N.C. 229, 166 S.E.2d 649 (1969).

In the case at hand, the Commission found that at the time plaintiff terminated her employment she was suffering from byssinosis, an occupational disease, but that she was not disabled in any way as a result of this illness. The term "disability" as used under the Workers' Compensation Act refers to the diminished capacity to earn wages and not to physical infirmity. Hall v. Thompson Chevrolet, Inc., 263 N.C. 569, 139 S.E.2d 857 (1965). It means the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." G.S. 97-2(9).

The Supreme Court has held in the recent decision of Hilliard v. Apex Cabinet Company, 305 N.C. 593, 290 S.E.2d 682 (1982) that a conclusion of disability must be based upon the following findings of fact supported by competent evidence:

(1) that plaintiff was incapable after his injury of earning the same wages he had earned before his injury in the same employment, (2) that plaintiff was incapable after his injury of earning the same wages he had earned before his injury in any other employment, and (3) that this individual's incapacity to earn was caused by plaintiff's injury.

Id. at p. ---, 290 S.E.2d at p. 683. Where the record contains conflicting evidence concerning the claimant's capacity to work because of his disability, the Commission is required to make findings of fact which support its conclusion as to the presence or absence of disability as defined by G.S. 97-2(9). Id.

The evidence in the record reveals that plaintiff's sole work experience was in cotton mills where she was exposed to respirable cotton dust which is known to result in byssinosis, an occupational disease under G.S. 97-53(13). Plaintiff was working as a room cleaner in the spinning department when she quit her job with Cone Mills. She left her employment soon after the denial of her request for a leave of absence to enable her to accompany her husband to Oklahoma. She testified that she quit her job because she suffered such extreme difficulty in breathing that she could not perform her work. Plaintiff smoked not more than three to four cigarettes a day. At the time of the hearing plaintiff was 59 years of age with a fifth grade education. She was obese and suffered from other medical problems. Plaintiff stated that she was unable to...