Buchanan v. Mitchell County

HEDRICK, Judge.

An agreement between the employer and workmen’s compensation carrier and the employee for the payment of compensation benefits, when approved by the Industrial Commission, is binding on the parties thereto. Pruitt v. Knight Publishing Co., 289 N.C. 254, 221 S.E. 2d 355 (1976); Neal v. Clary, 259 N.C. 163, 130 S.E. 2d 39 (1963). Such an agreement, however, may be set aside when “there has been error due to fraud, misrepresentation, undue influence or mutual mistake.” G.S. § 97-17.

The Commission correctly treated defendants’ request to be allowed to discontinue compensation…