Tanner v. State Department of Correction

BALEY, Judge.

In reviewing a decision of the Industrial Commission in a case arising under the Tort Claims Act, an appellate court has two questions to consider: whether the Commission’s findings of fact are supported by competent evidence, and whether its conclusions of law are supported by its findings of fact. Mason v. Highway Commission, 273 N.C. 36, 159 S.E. 2d 574; Bailey v. Dept. of Mental Health, 272 N.C. 680, 159 S.E. 2d 28.

The Commission’s findings of fact are conclusive if there is any competent evidence supporting them, even though there may also be evidence that would justify a…