Wade v. Carolina Brush Manufacturing Co.

STEELMAN, Judge.

The Commission abused its discretion by invoking the provisions of Rule 801 to waive compliance with Rule 701 of the Rules of the North Carolina Industrial Commission. See Workers’ Comp. R. Of N.C. Indus. Comm’n 701(2) & (3), 2007 Ann. R. (N.C.) 1038; Workers’ Comp. R. Of N.C. Indus. Comm’n 801, 2007 Ann. R. (N.C.) 1041. We reverse and vacate the Commission’s Opinion and Award.

I. Factual Background

On 29 November 1999, Anne Wade (plaintiff) injured her right hand in the course of her duties in her employment with Carolina Brush Manufacturing Company (defendant). In early 2003,…