Opinion

Rankin v. Brown Manufacturing Co.

  • 212 N.C. 357
Court
Supreme Court of North Carolina
Filed
Nov 3, 1937
Status
Published
Author
Connoe
On the bench
Connoe
Cited by
1 cases
Authority
More cited than 45.1%

The opinion

CoNnoe, J.

In proper cases, the judge of the Superior Court has the power to remand a proceeding for compensation under the North Carolina Workmen’s Compensation Act, pending in the Superior Court on an appeal from the award of the North Carolina Industrial Commission, to said Commission for further hearing, before passing upon the award. Otherwise an injustice may be done, because of an inadvertence on the part of the Industrial Commission. See Butts v. Montague Bros., 208 N. C., 186 , 179 S. E., 799 .

However where, as in the instant case, the Industrial Commission is directed by the court only to make specific findings as to matters which are manifestly immaterial, Conrad v. Foundry Co., 198 N. C., 723 , 153 *359 S. E., 266 , it is error for tbe judge to remand tbe proceeding to tbe Industrial Commission. Tbe court should ordinarily consider and pass upon conclusions of law made by tbe Industrial Commission in support of its award, and accordingly affirm or reverse tbe award.

Tbe order of tbe judge of tbe Superior Court in tbis case is reversed and set aside.

Error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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