# Combs v. Metric Constructors, Inc.

> North Carolina Industrial Commission · November 12, 1998

URL: https://www.frixlaw.com/law-library/cases/3636662

## Case

- **Full name:** Edna Mae Combs, Widow, of the Estate of Spencer Combs, Sr., Employee v. Metric Constructors, Inc., Employer, Aetna Casualty Surety Company, Carrier
- **Court:** North Carolina Industrial Commission
- **Decided:** November 12, 1998
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** <center>  OPINION AND AWARD WRITTEN FOR THE FULL COMMISSION BY THOMAS J. BOLCH, COMMISSIONER.</center><center>               DISSENT BY REN&#201;E C. RIGGSBEE, COMMISSIONER.</center>
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3636662

## Opinion text

I respectfully dissent from the majority's decision to award plaintiff death benefits in this case. The Industrial Commission is an administrative agency created by the legislature and lacks authority to determine the constitutionality of G.S. § 97-61.6 . See State ex. rel. Utilities Comm'n v. Carolina Utility Customers Ass'n, Inc. , 336 N.C. 657 , 673-74 , 446 S.E.2d 332 , 342
(1994). As the Full Commission must apply G.S. § 97-61.6 to the facts of this case, we must determine that plaintiff is not entitled to death benefits.
S/ _______________________ RENÉE C. RIGGSBEE COMMISSIONER

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3636662. Public record. Not legal advice.