Radica v. Carolina Mills

EAGLES, Judge.

I

Plaintiff argues that the Industrial Commission “erred by failing to apply the presumption that the plaintiff’s temporary total disability continues until she returns to work at the same wage earned prior to the injury.” We agree.

In Simon v. Triangle Materials, Inc., 106 N.C. App. 39, 41, 415 S.E.2d 105, 106, disc. review denied, 332 N.C. 347, 421 S.E.2d 154 (1992), this Court stated:

Appellate review of an order and award of the Industrial Commission is limited to a determination of whether the findings of the Commission are supported by the evidence and whether the findings in…