Allen v. Stanley Furniture

When reviewing the findings made by the Deputy Commissioner, the Full Commission may review, modify, adopt or reject the finding of fact of the hearing commissioner. Watkins v.Wilmington, 290 N.C. 276, 225 S.E.2d 577 (1976).

The Deputy Commissioner found as fact that on or about July 23, 1993 plaintiff backed a forklift, while going an estimated 4-5 miles per hour, into a dock board which had malfunctioned and popped up on its own. At the time this occurred, plaintiff was thrown backward, then forward in a whiplash-type motion. The Deputy Commissioner also found as fact that plaintiff had…