CARTER v. FRANK SHELTON, INC.

No. 8210IC777.

303 S.E.2d 184 (1983)

James E. CARTER, Employee Plaintiff, v. FRANK SHELTON, INC., t/d/b/a Utility Service Company, Employer, Aetna Life & Casualty Insurance Co., Carrier, and/or J.E. Carter Company, Employer, American Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Egerton, Fowler & Marshall by Darl L. Fowler, Greensboro, and Smith, Patterson, Follin, Curtis, James & Harkavy by Jonathan R. Harkavy and Henry N. Patterson, Jr., Raleigh, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Jeri L. Whitfield and J. Donald Cowan, Greensboro, for defendants-appellees J.E. Carter Co. and American Ins. Co.

No brief filed for defendants-appellees Frank Shelton, Inc., t/d/b/a Utility Service Co. and Aetna Life & Cas. Ins. Co.


ARNOLD, Judge.

Under G.S. 97-86 and our case law, it is axiomatic that an opinion and award entered by the Industrial Commission will not be disturbed on appeal unless a patent error of law exists therein. See, e.g., Hoffman v. Ryder Truck Lines, Inc., 306 N.C. 502, 505, 293 S.E.2d 807, 809 (1982). The Commission's findings of fact are conclusive on appeal if they are supported by competent evidence even though there is evidence...

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