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Goforth v. K-Mart Corp.12/21/2004
at 51, 464 S.E.2d at 484. Attorney fees can be awarded, " f the Industrial Commission shall determine that any hearing has been brought, prosecuted, or defended without reasonable ground, it may assess the whole cost of the proceedings including reasonable [attorney] fees . . . upon the party who has brought or defended them." N.C. Gen. Stat. ยง 9788.1.
Here, K-Mart argued that Goforth's pre-existing back condition caused the injury , and Goforth lacked credibility. But as we pointed our earlier, neither the facts nor North Carolina law support K-Mart's causation contention. Moreover, while K-Mart's claim that Goforth lacked credibility might have some merit , this Court does not review the credibility of witnesses, that is the role of the Commission. Adams, 349 N.C. at 680, 509 S.E.2d at 413. Therefore, we find no abuse of discretion by the Commission.
K-Mart also argues that Goforth's injury did not impair his wage earning capacity; however, K-Mart did not properly present this in an assignment of error. This Court's review on appeal is limited to issues presented by assignment of error. N.C. R. App. P. 10(a).
Affirmed.
Chief Judge MARTIN and Judge MCGEE concur.
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