[DOWNLOAD] "Simon v. Triangle Materials Inc." by Court of Appeals of North Carolina No. 9110IC177 * eBook PDF Kindle ePub Free

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eBook details

• Title: Simon v. Triangle Materials Inc.
• Author : Court of Appeals of North Carolina No. 9110IC177
• Release Date : January 07, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

ORR, Judge. Appellate review of an order and award of the Industrial Commission is limited to a determination of whether the findings of the Commission are supported by the evidence and whether the findings in turn support the legal Conclusions of the Commission. Cody v. Snider Lumber, Co., 328 N.C. 67, 399 S.E.2d 104 (1991). This is so even though there is evidence which would support a finding to the contrary. Crawford v. Warehouse Co., 263 N.C. 826, 140 S.E.2d 548 (1965). However, if the findings are predicated on an erroneous view of the law or a misapplication of the law, they are not conclusive on appeal. See e.g., Bailey v. Dept. of Mental Health, 272 N.C. 680, 159 S.E.2d 28 (1968) (remand required to consider evidence in its true legal light). Furthermore, findings of fact which are essentially Conclusions of law will be treated as such upon review. Cody, 328 N.C. 67, 399 S.E.2d 104.

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