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[T] Crowder v. Preston Trucking Co.11/4/2003
that plaintiff received while eligible for workers' compensation.
N.C. Gen. Stat. § 97-42.1 provides " f an injured employee has received unemployment benefits under the Employment Security Law for any week with respect to which he is entitled to workers' compensation benefits for temporary total or permanent and totaldisability, the employment benefits paid for such weeks may be deducted from the award to be paid as compensation." N.C. Gen. Stat. § 97-42.1 (2001). This statute is similar in nature to N.C. Gen. Stat. § 97-42, which also allows the Commission to award credits. Jenkins v. Piedmont Aviation Servs., 147 N.C. App. 419, 557 S.E.2d 104 (2001), disc. rev. denied, 356 N.C. 303, 570 S.E.2d 724 (2002). Like N.C. Gen. Stat. § 97-42, the statutory language places the decision of whether to grant a credit within the sound discretion of the Industrial Commission. Moretz v. Richards & Associates, 316 N.C. 539, 342 S.E.2d 844 (1986). There is record evidence that the plaintiff received unemployment benefits during the period to which plaintiff was entitled to workers' compensation benefits. However, the Commission failed to make any findings concerning these benefits. Accordingly, we remand this case to the Commission for findings and a conclusion with regard to the unemployment benefits and whether the unemployment benefits are to be deducted from the benefits to be paid pursuant to the opinion and award.
Affirmed in part and remanded in part.
Judges TYSON and STEELMAN concur.
Report per Rule 30(e).
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