Vernon v. Steven L. Mabe Builders

*427WHICHARD, Justice.

This is a workers’ compensation case. Plaintiff, Homer R. Vernon, sustained injuries to his back while lifting a heavy door in the employment of defendant Steven L. Mabe Builders. Plaintiff signed a Form 26 compensation agreement (“Supplemental Memorandum of Agreement as to Payment of Compensation”) for permanent partial disability benefits under N.C.G.S. § 97-31, which agreement was approved by the Industrial Commission (“Commission”); subsequently, plaintiff moved to set aside the agreement to pursue a claim for permanent total disability benefits under N.C.G.S. § 97-29.…