Wood v. J. P. Stevens & Co.

SHARP, Chief Justice.

The Industrial Commission concluded as a matter of law (1) that plaintiff’s claim was governed by the law in effect in 1958 and (2) that in 1958 byssinosis was not compensable as an occupational disease under G.S. 97-53(13). The Commission heard no evidence but based its decision solely on the stipulations of the parties and information' contained in the forms filed by plaintiff for workmen’s compensation benefits. The Court of Appeals affirmed the dismissal. 36 N.C. App. 456, 245 S.E. 2d 82 (1978).

For the reasons which follow we conclude that the Commission’s findings of…