Grupen v. Thomasville Furniture Industries

ARNOLD, Judge.

The basis for plaintiff’s motion for rehearing is G.S. 1A-1, Rule 60(b) which provides that a court may relieve a party from a final judgment on the basis of “newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b).” (See Rule XX, 6, of the Rules of the North Carolina Industrial Commission.) A motion for further hearing on the grounds of introducing newly discovered evidence rests in the sound discretion of the Industrial Commission. Mason v. Highway Commission, 273 N.C. 36, 159 S.E. 2d 574 (1968) ; Owens…