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TAYLOR v. CALDWELL SYSTEMS, INC.

No. COA96-763.

491 S.E.2d 686 (1997)

Glenn Ray TAYLOR, Employee, Plaintiff-Appellee, v. CALDWELL SYSTEMS, INC., Employer, Liberty Mutual Insurance Company, Carrier, Defendants; and/or Autumn House, Employer, Defendant; and/or Self-Insured (Aegis Administrative Services, Adjusting Agency), Carrier, Defendant; and/or Cigna Insurance Company, Carrier, Defendant; (Now, all dismissed as Defendants ) and/or Davis Wood Products, Employer, Reliance Insurance Company, Carrier, Defendants-Appellants; and/or Self-Insured (Aegis Administrative Services, Adjusting Agency), Carrier, Defendant-Appellant.

Court of Appeals of North Carolina.

October 21, 1997.

Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence, L.L.P. by Donnell Van Noppen III, Greensboro, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by J.A. Gardner, III, Charolotte, and Jennifer Ingram Mitchell, for defendant-appellants Caldwell Systems, Inc., and Liberty Mutual Insurance Company.

Orbock, Bowden, Ruark & Dillard, P.C. by Barbara E. Ruark, Winston Salem, for defendant-appellants Davis Wood Products and Reliance Insurance Company.

Golding, Meekins, Holden, Cosper & Stiles, L.L.P. by Henry C. Byrum, Jr., Charolotte, for defendant-appellants Davis Wood Products and Aegis Administrative Services.

ARNOLD, Chief Judge.

Upon review of this record, we find that the Industrial Commission improperly reversed the decision of the Deputy Commissioner.

We recognize the well-established rule that the Industrial Commission has authority to review a decision of a Deputy Commissioner and, where appropriate, to amend the opinion and award. N.C. Gen. Stat. § 97-85 (1991). "These powers are `plenary powers to be exercised...

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