Supreme Court of North Carolina, 2008

Ward v. Floors Perfect

Ward v. Floors Perfect
Supreme Court of North Carolina · Decided April 11, 2008
658 S.E.2d 656 (South Eastern Reporter, Second Series)

Ward v. Floors Perfect

Opinion of the Court

PER CURIAM.

Conclusions of Law 1 and 2 contained in the Industrial Commission's 28 October 2005 opinion and award are supported by competent evidence but are inconsistent, and the Court of Appeals inappropriately attempted to resolve the inconsistency in its decision. The Industrial Commission is best suited to resolve this discrepancy. See Harrell v. Harriet & Henderson Yarns, 314 N.C. 566, 574-575, 336 S.E.2d 47, 52 (1985). Thus, we reverse the decision of the Court of Appeals and remand to that court with instructions to further remand this matter to the Industrial Commission for entry of a new opinion and award determining whether plaintiff has undergone a change of condition affecting wage earning capacity pursuant to N.C.G.S. § 97-47.

REVERSED AND REMANDED.

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