Hogan v. Cone Mills Corp.

VAUGHN, Chief Judge.

The sole issue we need address is whether the Industrial Commission had jurisdiction to hear plaintiffs August 1980 claim. The finding of jurisdiction by the Industrial Commission is not conclusive on appeal, and the reviewing court may make its own finding of jurisdictional facts based on the evidence. See Lucas v. L’il General Stores, 289 N.C. 212, 221 S.E. 2d 257 (1976) (the jurisdictional question was whether there was an employer-employee relationship). For the following two reasons, we find that the Industrial Commission did not have jurisdiction to hear the claim.

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