Fowler v. B. E. & K. Construction, Inc.

PHILLIPS, Judge.

Without considering whether Dr. Glinski’s testimony as to the worker having a general bodily disability due to his musculo-skeletal injuries was competent, we hold that the testimony is irrelevant to the appeal for the reason that in the proceedings below no issue as to Fowler having a general bodily disability was raised. The proceeding below was initiated, conducted and reviewed to determine only whether Fowler’s bruised kidney was permanently injured and if so whether under the provisions of G.S. 97-31(24) any further compensation was due therefor. Since an appeal must…