WESTON v. SEARS ROEBUCK & CO.

No. 8210IC1170.

309 S.E.2d 273 (1983)

Jack WESTON, Sr., Employee, v. SEARS ROEBUCK & CO., Self-Insured.

Court of Appeals of North Carolina.

December 6, 1983.


Attorney(s) appearing for the Case

James H. Toms, Hendersonville, for plaintiff-appellee.

Prince, Youngblood, Massagee & Creekman by James E. Creekman, Hendersonville, for defendant-appellant.


EAGLES, Judge.

We note at the outset that the only question properly before this Court is whether the Industrial Commission had jurisdiction to consider plaintiff's claim for workers compensation. By order of the full Commission, the initial hearing was limited to defendant's motion to dismiss for lack of jurisdiction. Given the limited scope of the hearing, it was patently improper for the deputy commissioner to find and conclude that plaintiff had suffered an injury...

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