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Floyd v. First Citizens Bank3/2/1999
Appeal by defendant from opinion and award entered 19 February 1998 by the N.C. Industrial Commission. Heard in the Court of Appeals 4 January 1999.
Plaintiff was employed by defendant in December 1993 when she slipped and fell while buying bagels for an office Christmas breakfast that her boss had instructed her to coordinate for defendant's entire city office, including all department heads. Plaintiff suffered a serious back injury as a result of the fall. The Industrial Commission (Commission) found as a fact that plaintiff's injury caused her to be disabled. The Commission concluded as a matter of law that plaintiff's injury arose within the course of her employment and that she was entitled to workers' compensation disability benefits. Defendant appeals.
Defendant assigns error to the Commission's finding of fact that plaintiff's supervisor instructed her to coordinate the Christmas breakfast. Defendant also assigns error to the Commission's Conclusions of law that plaintiff's injury arose in the course of her employment and that plaintiff is entitled to workers' compensation benefits.
In considering an appeal from an award of the Commission,
" he reviewing court's inquiry is limited to two issues: whether the Commission's findings of fact are supported by competent evidence and whether the Commission's Conclusions of law are justified by its findings of fact. When the Commission's findings of fact are supported by competent evidence, they are binding on the reviewing court in spite of the existence of evidence supporting contrary findings." Hendrix v. Linn-Corriher Corp., 317 N.C. 179, 186, 345 S.E.2d 374, 379 (1986) (citations omitted). "The Commission is the sole Judge of the credibility of the witnesses and the weight to be given their testimony." Thus, the Commission may assign more weight and credibility to certain testimony than other. Moreover, if the evidence before the Commission is capable of supporting two contrary findings, the determination of the Commission is conclusive on appeal. Dolbow v. Holland Industrial, 64 N.C. App. 695, 697, 308 S.E.2d 335, 336 (1983) (citations omitted), disc. review denied, 310 N.C. 308, 312 S.E.2d 651 (1984).
The Commission found as a fact that plaintiff "was instructed" by her supervisor to coordinate the breakfast. Defendant disputes this finding, saying that "competent evidence does not exist" to support the finding. We disagree. The transcript of the Commission hearing includes plaintiff's testimony stating, "I was asked to coordinate the breakfast for the main office[.]" Plaintiff testified that because she had been asked to coordinate the event, her attendance was "absolutely" mandatory. Plaintiff further testified, " t was . . . my job to coordinate it and do the breakfast, so I went and got the bagels for the breakfast." She also stated, " t was my job to coordinate and do this breakfast[.]" Plaintiff testified that her supervisor "asked me to coordinate this, and so I followed through with coordinating it and making sure everything was there, and part of that was getting the bagels to the breakfast." Furthermore, plaintiff's supervisor, Paul Ford, testified regarding the breakfast that plaintiff "was asked to do it . . . to coordinate this event[.]" The Commission had ample competent evidence upon which to base its finding that plaintiff's supervisor instructed her to coordinate the Christmas breakfast.
Defendant also assigns error to the Commission's Conclusion of law that plaintiff's injury arose in the course of employment. In Stewart v. Dept. of Corrections, 29 N.C. App. 735, 737-38, 225 S.E.2d 336, 338 (1976) (citations omitted), our Court stated that:
"To be co
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