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SMITH v. KINDER CARE LEARNING CENTERS

No. 8810SC1354.

381 S.E.2d 193 (1989)

In the Matter of Conchita P. SMITH, Petitioner-Appellant, v. KINDER CARE LEARNING CENTERS, INC. and Employment Security Commission of North Carolina, Respondent-Appellees.

Court of Appeals of North Carolina.

July 18, 1989.

Attorney(s) appearing for the Case

East Central Community Legal Services by William D. Rowe, Raleigh, for petitioner-appellant.

Maupin, Taylor, Ellis & Adams, P.A. by Margie T. Case and Rodney O. Lohman, Raleigh, for respondent-appellee Kinder Care Learning Centers, Inc.

Chief Counsel T.S. Whitaker, Raleigh, for respondent-appellee Employment Security Commission of North Carolina.

SARAH ELIZABETH PARKER, Judge.

In reviewing a decision of the Employment Security Commission, the court must (i) determine whether the Commission's findings of fact are supported by competent evidence and (ii) decide whether the findings of fact support the Commission's conclusions of law and its final decision. Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 376, 289 S.E.2d 357, 359 (1982). The burden is on the employer...

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