Legal Opinion · Dissent

Watts v. Borg Warner Automotive, Inc.

Court of Appeals of North Carolina

Decided June 21, 2005No. COA04-895Published

1DissentTyson, Judge

The majority holds the Commission failed to make adequate findings of fact on: (1) a reasonable excuse for plaintiff’s failure to timely notify his employer of an industrial accident; and (2) whether plaintiff’s alleged injuries were caused by the accident and remands to the Commission for further findings of fact. Under the facts of and the law applicable to this case, remand is unnecessary. I vote to reverse and respectfully dissent.

*9I. Standard of Review

Our review of a Commission’s opinion and award “[is] limited to reviewing whether any competent evidence supports the Commission’s findings…

2Cases cited22 opinions

  1. Booker v. Duke Medical CenterSupreme Court of North Carolina · 1979
  2. Holley v. Acts, Inc.Supreme Court of North Carolina · 2003
  3. Deese v. Champion International Corp.Supreme Court of North Carolina · 2000
  4. Wellons v. StateSupreme Court of Georgia · 1995
  5. Lockwood v. McCaskillSupreme Court of North Carolina · 1964

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