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Cook v. Loggerhead6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
The Industrial Commission's findings of fact "are conclusive on appeal when supported by competent evidence," even if there is evidence to support a contrary finding. Morrison v. Burlington Indus., 304 N.C. 1, 6, 282 S.E.2d 458, 463 (1981). Here, Employer- Defendant Loggerhead, Inc. argues that the full Commission'sfindings of fact supporting the conclusion of law that Ms. Cook sustained a compensable injury by accident, are not supported by competent evidence. Because the record shows competent evidence supported the findings of fact, we affirm the Opinion and Award.
The record on appeal shows that at the time of the hearing, Plaintiff Kathryn Cook was forty-six years old and had obtained a GED. She began working as manager of Loggerhead Inn for Defendant Loggerhead, Inc. on 15 March 2001.
Ms. Cook had a history of intermittent back pain and had previously been treated by a chiropractor. In July and August 2000, Ms. Cook received a series of epidural injections to her back from a family medicine physician.
The findings of fact indicate that on or about 11 April 2001, Ms. Cook went to a hotel room to prepare the room for guests. She noticed that the bed had been moved out of place. According to Ms. Cook, when she attempted to move the bed, "it didn't move and I pulled it again and . . . felt, like, a sting in my back." Ms. Cook reported the incident to one of the owners, Bud Wamsley, three or four days after the incident upon his return from Virginia. Ms. Cook continued to work during this time. Ms. Cook then went to Dr. William Mead, a chiropractor, for treatment for pain in her lower back radiating to her right leg. Ms. Cook was seen by a number of doctors for pain management and underwent back surgery on 17 December 2002.
On 22 June 2001, Ms. Cook filed a Form 18 Notice of Accident to Employer with the Industrial Commission alleging that thepulling incident caused her back injury. Loggerhead denied this claim.
Ms. Cook requested a hearing. In an Opinion and Award filed 2 June 2003, Deputy Commissioner W. Bain Jones, Jr. awarded Ms. Cook temporary total disability compensation from 24 May 2001 until further order and medical expenses. In an Opinion and Award filed 13 April 2004, the full Commission affirmed the decision and award by Deputy Commissioner Jones. Loggerhead appealed.
On appeal, Loggerhead argues that the competent and credible evidence fails to support the full Commission's findings of fact and conclusions of law that Ms. Cook sustained a compensable injury by accident. We disagree.
The standard of review for this Court in reviewing an appeal from the full Commission is limited to determining "whether any competent evidence supports the Commission's findings of fact and whether the findings of fact support the Commission's conclusions of law." Deese v. Champion Int'l Corp., 352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000). Our review "'goes no further than to determine whether the record contains any evidence tending to support the finding.'" Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998) (citation omitted). The full Commission's findings of fact "are conclusive on appeal when supported by competent evidence," even if there is evidence to support a contrary finding, Morrison v. Burlington Indus., 304 N.C. 1, 6, 282 S.E.2d 458, 463 (1981), and may be set aside on appeal only "whenthere is a complete lack of competent evidence
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