Thomason v. Red Bird Cab Co.

• Court: North Carolina Supreme Court
• Writing for the Court: ERVIN
• Citation: Thomason v. Red Bird Cab Co., 235 N.C. 602, 70 S.E.2d 706 (N.C. 1952)
• Decision Date: 21 May 1952
• Docket Number: No. 668,668
• Parties: THOMASON et al. v. RED BIRD CAB CO., Inc., et al.

Page 706

70 S.E.2d 706

235 N.C. 602

THOMASON et al. v. RED BIRD CAB CO., Inc., et al.

No. 668

Supreme Court of North Carolina.

May 21, 1952

Philip R. Craver, Lexington, for plaintiffs-appellants.

Don A. Walser, Lexington, for defendants-appellees.

ERVIN, Justice.

The North Carolina Workmen's Compensation Act clearly demarcates the respective functions of the industrial commission and the courts in proceedings coming within the purview of the act.

The industrial commission has exclusive original jurisdiction of all workmen's compensation proceedings. Cooke v. Gillis, 218 N.C. 726, 12 S.E.2d 250; Hedgepeth v. Lumbermen's Mutual Casualty Co., 209 N.C. 45, 182 S.E. 704; Francis v. Carolina Wood Turning Co., 204 N.C. 701, 169 S.E. 654. It hears the evidence of the parties, and determines the questions at issue between them. It is required to embody its determination in a written award containing a statement of its findings of fact, its rulings of law, and all other matters pertinent to the questions at issue. G.S. § 97-84. The findings of fact of the industrial commission are conclusive and binding upon the courts if they are supported by competent evidence. G.S. § 97-86; Withers v. Black, 230 N.C. 428, 53 S.E.2d 668.

The superior court has appellate jurisdiction to review an award of the industrial commission for errors of law when a party to the proceeding in which the award is made appeals to it. G.S. § 97-86; Smith v. Southern Waste Paper Co., 226 N.C. 47, 36 S.E.2d 730; Fox v. Cramerton Mills, Inc., 225 N.C. 580, 35 S.E.2d 869; Winslow v. Carolina Conference Association, 211 N.C. 571, 191 S.E. 403, 408; Byrd v. Gloucester Lumber Co., 207 N.C. 253, 176 S.E. 572. An appeal lies to the supreme court from the judgment entered by the superior court on its review of the award of the industrial commission.

In passing upon an appeal from an award of the industrial commission in a proceeding coming within the purview of the act, the superior court is limited in its inquiry to these two questions of law: (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. Henry v. A. C. Laurence Leather Co., 231 N.C. 477, 57 S.E.2d 760. The superior court cannot consider the evidence in the proceeding in any event for the purpose of finding the facts for itself. Reed v. Lavender Bros., 206 N.C. 898, 172 S.E. 877; Ussery v. Erlanger Cotton Mills, 201 N.C. 688, 161 S.E. 307. If the findings of fact of the industrial commission are supported by competent evidence and are determinative of all the questions at issue in the proceeding, the court must accept such findings as final truth, and merely determine whether or not they justify the legal conclusions and decision of the commission. Blevins v. Teer, 220 N.C. 135, 16 S.E.2d 659; Rankin v. Brown Mfg. Co., 212 N.C. 357, 193 S.E. 389. But if the findings of fact of the industrial commission are insufficient to enable the court to determine the rights of the parties upon the matters in controversy, the proceeding must be remanded to the commission for proper findings. Young v. Whitehall Co., 229 N.C. 360, 49 S.E.2d 797; Cook v. Bemis Lumber Co., 217 N.C. 161, 7 S.E.2d 378; Farmer v. Bemis Lumber Co., 217 N.C. 158, 7 S.E.2d 376; Gowens v. Alamance County, 214 N.C. 18, 197 S.E. 538; Singleton v. Durham Laundry Co., 213 N.C. 32, 195 S.E. 34.

It is impossible to exaggerate how essential the proper exercise of the factfinding authority of the industrial commission is to the due administration of the workmen's compensation act. The findings of fact of the industrial commission should tell the full story of the event giving rise to the claim for compensation. They must be sufficiently positive and specific to enable the court on appeal to determine whether they are supported by the evidence and whether the law has been properly applied to them. It is obvious that the court cannot ascertain whether the findings of fact are supported by the evidence unless the industrial...