Wagoner v. Douglas Battery Manufacturing Co.

WHICHARD, Judge.

Defendants contend the Commission erred by applying an improper standard to the evidence, and that its determination thus was based on a misapprehension of the law. We agree.

This Court recently stated:

The plenary powers of the Commission are such that upon review, it may adopt, modify or reject the findings of fact of the Hearing Commissioner, and in doing so may weigh the evidence and make its own determination as to the weight and credibility of the evidence. Hollar v. Furniture Co., 48 N.C. App. 489, 269 S.E. 2d 667 (1980). The Industrial Commission has the duty and…