holding that Industrial Commission lacks power to consider constitutional issues
How later courts described this case
- holding that Industrial Commission lacks power to consider constitutional issues
- "A petition for a declaratory judgment is particularly appropriate to determine the constitutionality of a statute when the parties desire and the public need requires a speedy determination of important public interests involved therein."
- "It is a 'well-settled rule that a statute's constitutionality shall be determined by the judiciary, not an administrative board.' "
Written by the judges who cited it.
The opinion
WYNN, Judge
concurring with separate opinion.
While I agree with the majority that the Industrial Commission had no authority to pass on the constitutionality of N.C. Gen. Stat. § 97-26 (b) (1994), I would treat the full Commission’s Opinion and Award as a certification to this Court and address the issues on appeal.
N.C. Gen. Stat. § 97-86 (2004) provides that “[t]he Industrial Commission of its own motion may certify questions of law to the Court of Appeals for decision and determination by said Court.” I would treat the Opinion and Award as a certification on the constitutionality of N.C. Gen. Stat. § 97-26 (b) (19944) to this Court. A determination of the constitutionality of section 97-26(b) in the instant appeal is in the interest of judicial economy. Upon remand of this case to the Industrial Commission, the Commission will most likely immediately certify the constitutionality of this statute to this Court for determination. N.C. Dep’t of Env’t & Natural Res. v. Carroll, 358 N.C. 649, 665 , 599 S.E.2d 888, 898 (2004) (in the interests of judicial economy and fairness to the parties the Supreme Court addressed the substantive issues on appeal). Furthermore, Rule 2 of the North Carolina Rules of Appellate Procedure allows us to reach the issues on appeal in the interest of judicial economy. N.C. R. App. P. 2 (“[T]o expedite decision in the public interest, either court of the appellate division may, . . . suspend or vary the requirements or provisions of any of these rules in a case pending before it upon application of a party or upon its own initiative[.]’’ (emphasis added)).
I would decide the issues on appeal, or at the very least, remand this case to the Industrial Commission for a determination of whether the constitutional issue should be certified to this Court.