Hardin v. Venture Construction Co.
Docket: 9110IC884
Court: Court of Appeals of North Carolina; October 20, 1992; North Carolina; State Appellate Court
On May 1, 1991, the North Carolina Industrial Commission issued an order affirming an Opinion and Award related to the case of Susan B. Hardin and her minor daughter, Kelly Hardin, against Venture Construction Company and CNA Insurance Company. The order remanded the matter to the Deputy Commissioner to determine the plaintiff's average weekly wage for compensation purposes. It required Susan Hardin to submit copies of the decedent's income tax returns from the twelve months prior to his death, and for the defendants to provide records of the decedent's draws and payments under subcontracts with the company. The full Commission was criticized for not fulfilling its duties under G.S. 97-85 and for remanding the matter, which delayed benefits to the employee's beneficiaries. The defendants attempted to appeal the Industrial Commission's order, which was deemed non-final due to outstanding issues that needed resolution. North Carolina law permits appeals only from final decisions of the Industrial Commission, not from interlocutory orders. The Court of Appeals noted that the full Commission's remand exemplified its failure to act, contributing to delays in benefit disbursement. The court has no authority to issue a final award and can only remand for a final decision. Consequently, the appeal was dismissed, with judges Lewis and Wynn concurring in the decision.