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WATTS v. BORG WARNER AUTOMOTIVE, INC.

No. COA04-895.

613 S.E.2d 715 (2005)

David Noble WATTS, Employee, Plaintiff, v. BORG WARNER AUTOMOTIVE, INC., Employer, and Lumbermens Mutual Casualty Company, Carrier, Defendants.

Court of Appeals of North Carolina.

June 21, 2005.

Attorney(s) appearing for the Case

The Law Office of David Gantt, by David Gantt, Asheville, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Hope F. Smelcer and Angela M. Easley, Charlotte, for defendants-appellants.

WYNN, Judge.

The Industrial Commission is required to make findings on crucial facts upon which the right to compensation depends. Gaines v. L.D. Swain & Son, Inc., 33 N.C. App. 575, 579, 235 S.E.2d 856, 859 (1977). In this matter, the full Commission made no findings of fact whether, under the circumstances, Plaintiff had a reasonable excuse and the employer was not prejudiced...

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