Bentley v. Jonathan Piner Constr.
Bentley v. Jonathan Piner Constr.
Opinion
Thomas Bentley ("Plaintiff") appeals from an opinion and award of the North Carolina Industrial Commission ("the Commission") determining he was not an "employee" of Jonathan Piner Construction ("Piner Construction"), as that term is used in the North Carolina Workers' Compensation Act,
I. Background
Piner Construction, a residential and commercial contractor, hired Plaintiff to work as a framer at one of its construction sites. While working at the construction site on 3 March 2014, Plaintiff was injured when a nail he was prying from a board broke loose and struck him in the right eye. Following the injury, Plaintiff filed a workers' compensation claim with the Commission on 25 March 2014. Piner Construction, along with its insurance carrier, Stonewood Insurance Company (collectively, "Defendants") denied the claim for compensation, contending the injury was non-compensable under the Workers' Compensation Act because Plaintiff was not an employee of Piner Construction on the date of the accident. The claim was assigned for a hearing before Deputy Commissioner Mary C. Vilas ("Deputy Vilas").
A hearing before Deputy Vilas occurred on 5 December 2014. Near the end of the hearing, Deputy Vilas suggested that the jurisdictional question of whether Plaintiff was an employee of Piner Construction be bifurcated from the merits of Plaintiff's claim, because she would no longer be at the Commission *380 after 1 February 2015. Deputy Vilas noted that she had many cases to write, but she would "try" to decide the jurisdictional question in the present case before she left the Commission. An order bifurcating the jurisdictional and merits issues was filed 9 December 2014 by Deputy Vilas, and stated that bifurcation "was appropriate given the issues for hearing and that medical testimony by deposition is not scheduled until 26 January 2015 and [Deputy Vilas] will not be at the Commission after 1 February 2015." Deputy Vilas filed an order closing the record and declaring that the jurisdictional issue was "ready for a decision" on 12 January 2015.
An opinion and order was entered 16 February 2015 by Deputy Commissioner William H. Shipley ("Deputy Shipley"). Deputy Shipley concluded as a matter of law that the Commission lacked jurisdiction over Plaintiff's claim because he was not an employee of Piner Construction at the time his injury was sustained. Plaintiff appealed to the full Commission, which came to the same conclusion in an opinion and award entered 9 October 2015. Plaintiff appeals.
II. Analysis
Plaintiff argues the Commission erred in basing its decision on an opinion and award of a deputy commissioner who did not hear the evidence.
1
Whether
Statutory interpretation "properly begins with an examination of the plain words of the statute."
Correll v. Division of Social Services
,
The statute at issue in this case, N.C.G.S. § 97-84, provides:
The Commission or any of its members shall hear the parties at issue and their representatives and witnesses, and shall determine the dispute in a summary manner. The Commission shall decide the case and issue findings of fact based upon the preponderance of the evidence in view of the entire record. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue shall be filed with the record of the proceedings, within 180 days of the close of the hearing record unless time is extended for good cause by the Commission, and a copy of the award shall immediately be sent to the parties in dispute. The parties may be heard by a deputy , in which event the hearing shall be conducted in the same way and manner prescribed for hearings which are conducted by a member of the Industrial Commission, and said deputy shall proceed to a complete determination of the matters in dispute, file his written opinion within 180 days of the close of the hearing record unless time is extended for good cause by the Commission, and the deputy shall cause to be issued an award pursuant to such determination.
We believe the context in which "a deputy," "said deputy," and "the deputy" are used in N.C.G.S. § 97-84 evidences the General Assembly's intent that a single deputy handle a case from its outset to its completion. We recognize that, under the Workers' Compensation Act, we are to read the singular to include the plural unless the context requires otherwise.
See
We believe the context in which "a deputy," "said deputy," and "the deputy" are used requires that the entire process be handled by a single deputy commissioner, and that a contrary interpretation would contravene the manifest intent of the General Assembly. N.C.G.S. § 97-2(17) ;
see also
In so finding, we rely only on the plain language of the statute, and reject Plaintiff's argument that
State v. Bartlett
,
Clear precedent from our Supreme Court allows us to reject this reasoning. As Defendants point out, in
Adams v. AVX Corp
,
We are cognizant of
Adams
and its instruction that the full Commission is the sole judge of the credibility of witnesses.
In the present case, Deputy Vilas presided over the hearing, issued a preliminary order bifurcating the jurisdictional and merits issues, and closed the record on the issue of the employment relationship, while Deputy Shipley issued the opinion and order finding that the Commission had no jurisdiction because Plaintiff was not an employee of Piner Construction. Neither Deputy Vilas nor Deputy Shipley "proceed[ed] to a complete determination of the matters in dispute," "file[d] [a] written opinion," and "cause[d] to be issued an award pursuant to such determination." N.C.G.S. § 97-84. We therefore conclude that the proceedings before Deputy Vilas resulting in an opinion and order by Deputy Shipley violated N.C.G.S. § 97-84.
III. Conclusion
For the reasons stated, the Commission's opinion and award is vacated, and this case is remanded for a new hearing.
VACATED AND REMANDED.
Judges CALABRIA and STROUD concur.
Plaintiff raises two other arguments in his brief regarding the merits of the Commission's decision. Because we agree that a plain reading of
This question is one of first impression. In
Crawford v. Board of Education
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.