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McPHAUL v. SEWELL

No. 7710IC561.

244 S.E.2d 158 (1978)

36 N.C. App. 312

Odessa McPHAUL, Widow and Guardian Ad Litem of Olas McPhaul, Jr., Willie Delores McPhaul and Weldon D. McPhaul, Minor Children of Olas McPhaul, Deceased, Employee, v. Harold SEWELL (Sewell Logging Company), Employer, American Mutual Liability Insurance Co., Carrier.

Court of Appeals of North Carolina.

May 16, 1978.

Attorney(s) appearing for the Case

McLeod & Senter, by Joe McLeod, Fayetteville, for plaintiffs-appellants.

Teague, Johnson, Patterson, Dilthey & Clay, by Dan M. Hartzog, Raleigh, for defendants-appellees.

WEBB, Judge.

Plaintiffs first assign as error Deputy Commissioner Roney's rescheduling of the case at the close of the plaintiffs' evidence. Plaintiffs argue that they were greatly prejudiced by staking out their case and then having Deputy Commissioner Roney keep the suit open for defendants to obtain a medical expert of their choosing. We do not believe the rescheduling of the case constitutes error. The Legislature empowered the Industrial Commission to make

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