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Cannon v. Goodyear Tire & Rubber Co.7/5/2005
c deformity. See Alexander, 166 N.C. App. at 573, 603 S.E.2d at 558. Therefore, we hold that the Commission's finding of fact that the work-related injury aggravated and/or exacerbated plaintiff's kyphotic deformity was not supported by competent evidence. We remand to the Commission for new findings of fact and conclusions of law in accordance with the correct legal standard. See Ballenger, 320 N.C. at 158, 357 S.E.2d at 685 (stating that " hen the Commission acts under a misapprehension of the law, the award must be set aside and the case remanded fora new determination using the correct legal standard."); see also Edmonds, 165 N.C. App. at 817, 600 S.E.2d at 506 (Steelman, J., dissenting) ("It is not the role of the appellate courts to sift through the evidence and find facts that are different from those actually found by the Commission.").
We vacate the Commission's 24 October 2003 opinion and award. We remand for findings of fact and conclusions of law applying the correct legal standard. We also remand for a determination as to the proper amount of compensation to which plaintiff is entitled for his 6 April 2001 work-related injury and its aggravation and/or exacerbation by the 18 April 2001 automobile accident.
We deem abandoned those assignments of error not addressed in defendants' brief. N.C.R. App. P. 28(b)(6).
Vacated and remanded.
Judges WYNN and TYSON concur.
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