# Forrest v. Pitt County Board of Education

> Court of Appeals of North Carolina · August 21, 1990 · 100 N.C. App. 119

URL: https://www.frixlaw.com/law-library/cases/9565896

## Case

- **Full name:** ADDIE FORREST, Employee, Plaintiff v. PITT COUNTY BOARD OF EDUCATION, Employer, SELF-INSURED (STATE BOARD OF EDUCATION), Defendant
- **Court:** Court of Appeals of North Carolina
- **Decided:** August 21, 1990
- **Citations:** 100 N.C. App. 119; 394 S.E.2d 659; 1990 N.C. App. LEXIS 896
- **Precedential status:** Published
- **Opinion:** Dissent by Lewis
- **Judges:** Greene, Lewis, Orr
- **Cited by:** 26 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/9565896

## How later opinions describe it (automated extraction)

- noting that the Commission’s Medical Fee Schedule is “superseded by” our General Statutes

## Opinion text

Judge Lewis
dissenting.
In paragraph four of his conclusions of law, the Deputy Commissioner found that the plaintiff “is not entitled to have the medical expenses as to Dr. Boone paid. . . .” The Full Commission further stated that “charges for a major surgical operation and incidental care will not be approved unless. . . .” It went on to find that *129 the “surgery” was not authorized. It is my opinion that taken in context, considering the whole opinion, the Full Commission made adequate findings and conclusions that plaintiff failed to produce any evidence that the plaintiff’s surgery and all incidental treatment necessarily connected thereto was authorized. If there is any competent evidence in the record to support the findings of the Commissioner, that determination is conclusive on appeal. Dolbow v. Holland Industries, Inc., 64 N.C. App. 695, 697 , 308 S.E.2d 335, 336 (1983), cert. denied, 310 N.C. 308 , 312 S.E.2d 651 (1984). Since the surgery and all incidental care by Dr. Boone clearly was not authorized, there is no need to run the Commission through the hoops again. In this respect, I dissent from the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9565896. Public record. Not legal advice.