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Grigg v. Pharr Yarns, Inc.
Citations: 15 N.C. App. 497; 190 S.E.2d 285; 1972 N.C. App. LEXIS 1948Docket: No. 7227IC373
Court: Court of Appeals of North Carolina; August 2, 1972; North Carolina; State Appellate Court
The plaintiff argues that the Commission made an error by remanding the proceeding for further hearings in its orders dated December 16 and December 22, 1970. This argument is rejected, as the plaintiff's exception to the remand was not timely because it was raised only after Deputy Commissioner Leake had ruled against her by reducing her compensation award. Additionally, during the hearing, the plaintiff had stipulated that the sole issues to be determined were the amounts of compensation for disfigurement and permanent partial disability, thereby waiving any irregularity in the remand process. The plaintiff also claims that the Commission erred in adopting Deputy Commissioner Leake's award and opinion. This claim is also rejected; the Commission appropriately considered whether there was evidence to support the findings of fact, which were deemed supported by competent evidence. The findings justified the Commission's conclusions and the award made. However, the Commission erred in its December 16, 1970, Opinion and Award by imposing one-half of the appeal costs on the plaintiff. Since both parties had appealed, and the plaintiff ultimately prevailed, the costs are to follow the final judgment. While the plaintiff requested reasonable attorney fees under G.S. 97-88, the court denies this request because the hearings were initiated by the plaintiff, not the insurer. The court modifies the Commission's orders to require the defendants to pay the appeal costs, affirming the Commission's opinion and award filed on February 21, 1972. Judges Campbell and Britt concur with the decision.