Smith v. Austin Quality Foods

I concur fully in the majority's decision but write separately to add that I believe that there was no justiciable controversy raised by plaintiff's Form 33 or otherwise, and this case should have been dismissed for that reason.

The Commission generally has jurisdiction to determine all questions raised under the Workers' Compensation Act. Willey v. WilliamsonProduce, 149 N.C. App. 74, 562 S.E.2d 1 (2002). Like the courts, however, its jurisdiction should be limited to resolving actual controversies, i.e., those actions presenting a "justiciable controversy." See Tryon v. Power Co., 222 N.C.…