Hilliard v. Apex Cabinet Co.

BRANCH, Chief Justice.

Plaintiff assigns error to the finding of fact of the Deputy Commissioner, affirmed by the full Industrial Commission and the Court of Appeals, to the effect that plaintiff “does not have any permanent disability as a result of the injury giving rise hereto.” He argues that the determination of whether a disability exists is *595a conclusion of law and that said conclusion must be based upon findings of fact supported by competent evidence. We agree.

The necessary factual basis for a determination of disability is set out in G.S. 97-2(9).

Disability. — The term “disability”…