Carroll v. Burlington Industries

EAGLES, Judge.

On appeal from a final order of the Industrial Commission, this Court has only a limited role. Where the Commission acts under a misapprehension of law in its fact finding function, we may remand so that the facts may be reconsidered in their true legal light. Clark v. Burlington Industries, Inc., 78 N.C. App. 695, 338 S.E. 2d 553, cert. denied, 316 N.C. 375, 342 S.E. 2d 892 (1986). We also may remand for evidentiary or other procedural error clearly prejudicial to one of the parties. E.g. Citizens Bank & Trust Co. v. Reid Motor Co., 216 N.C. 432, 5 S.E. 2d 318 (1939) (error to…