Penland v. BIRD COAL COMPANY

Decision here turns on whether there is competent evidence to support the Industrial Commission’s findings that the plaintiff has suffered temporary disability and partial loss of earning capacity as set out in findings of fact numbers 3 and 5.

Under the Workmen’s Compensation Act the Industrial Commission has the exclusive duty and authority to find the facts relative to controverted claims, and its findings of fact, except with respect to jurisdictional findings (Aycock v. Cooper, 202 N.C. 500, 163 S.E. 569), are conclusive on appeal, both to the Superior Court and in the Supreme Court, when…