Legal Opinion · Dissent

Weaver v. Dedmon

Court of Appeals of North Carolina

Decided May 16, 2017No. COA16-55Published

1DissentTyson, Judge

The Commission's Opinion and Award concluded Plaintiff's "decision to do donuts on the Seegars' forklift, was too remote from customary usage and reasonable practice and constituted an extraordinary deviation from his employment." Competent evidence in the record supports the Commission's findings. These findings of facts are binding *636upon appeal and support the Commission's conclusions of law. This Court is bound by the standard of appellate review on the Commission's Opinion and Award. The decision of the Commission should be affirmed. I respectfully dissent.

I. Standard of Review

This Court…

2Cases cited20 opinions

  1. Adams v. AVX Corp.Supreme Court of North Carolina · 1998
  2. McRae v. Toastmaster, Inc.Supreme Court of North Carolina · 2004
  3. Gallimore v. Marilyn's ShoesSupreme Court of North Carolina · 1977
  4. Barham v. Food World, Inc.Supreme Court of North Carolina · 1980
  5. Conrad v. Cook-Lewis Foundry Co.Supreme Court of North Carolina · 1930

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