Mullinax v. Fieldcrest Cannon, Inc.

HEDRICK, Chief Judge.

The Full Commission correctly stated, “[t]he issue in this case is whether [to allow] a motion to set aside a Form 21 Agreement on the grounds of error due to mutual mistake, misrepresentation, or excusable neglect, per G.S. 97-17.” Thus, the only issue before us is whether the Full Commission erred in setting aside the Form 21 settlement agreement entered into between plaintiff and defendant, and approved by the Commission, because of the “mutual mistake” of the parties.

G.S. 97-17 in pertinent part provides:. . . [N]o party to any agreement for compensation approved by…