Bentley v. Jonathan Piner Constr.

McGEE, Chief Judge.

Thomas Bentley ("Plaintiff") appeals from an opinion and award of the North Carolina Industrial Commission ("the Commission") determining he was not an "employee" of Jonathan Piner Construction ("Piner Construction"), as that term is used in the North Carolina Workers' Compensation Act, N.C. Gen. Stat. § 97-1 et seq. On appeal, Plaintiff contends, inter alia , that the Commission erred by basing its opinion and award on an opinion and order by a deputy commissioner who was not present at the hearing and did not hear the evidence. We agree, vacate the Commission's opinion…