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[T] Echols v. Granville Medical Management6/17/2003
ial Commission concluded that " laintiff did not provide written notice of the alleged injury by accident to defendant-employer within 30 days of the alleged injury's occurrence. Further, plaintiff did not have anyreasonable excuse for not giving such notice. N.C.G.S. 97-22." Plaintiff appeals.
Plaintiff argues the Industrial Commission erred in concluding that plaintiff failed to give her employer notice of her work- related injury in accordance with the notice requirements of N.C. Gen. Stat. § 97-22, which states:
Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident, and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this Article prior to the giving of such notice, unless it can be shown that the employer, his agent or representative, had knowledge of the accident, or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity, or the fraud or deceit of some third person; but no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Industrial Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby.
N.C. Gen. Stat. § 97-22 (2001). The purpose of the notice requirement is to allow "the employer to provide immediate medical diagnosis and treatment with a view to minimizing the seriousness of the injury and facilitate the earliest possible investigation of the circumstances surrounding the injury." Booker v. Medical Center, 297 N.C. 458, 481, 256 S.E.2d 189, 204 (1979).
Our review of the Commission's order is limited to determining (1) whether the Commission's findings of fact are supported by the evidence, and (2) whether the findings offact justify the Commission's legal conclusions. The findings of fact are conclusive on appeal if supported by competent evidence. This is so even though there is evidence which would support findings to the contrary. . . . We may set aside findings of fact only on the ground that they lack evidentiary support. We cannot weigh the evidence but can only determine whether the record contains any competent evidence tending to support the findings.
Dean v. Cone Mills Corp., 83 N.C. App. 273, 275-76, 350 S.E.2d 99, 100 (1986) (citations omitted), aff'd, 319 N.C. 457, 355 S.E.2d 136 (1987). The Industrial Commission may not completely ignore competent evidence and must evaluate all evidence before it is rejected. Jarvis v. Food Lion, Inc., 134 N.C. App. 363, 366-67, 517 S.E.2d 388, 391, disc. review denied, 351 N.C. 356, 541 S.E.2d 139 (1999). Weighing the testimony and credibility of witnesses is in the sole discretion of the Industrial Commission. Id. at 366, 517 S.E.2d at 390.
Plaintiff testified that she did not inform anyone at her place of employment about a work-related injury for over a year and until after her employment contract ended. Sharon Matteson (Ms. Matteson), clinic director for Swansboro Medical Center and Emerald Isle Primary Care Clinic until August 1999, testified she had administrative authority over all employees at the clinics and that she first learned that plaintiff claimed she suffered an on- the-job injury while traveling to the Riggs' home when plaintiff filed her workers' compensation claim in August 1999. Dr. Mahan, owner of Swansboro Medical Center and Emerald Isle Primary Care Clinic from 1995 until A
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