Patterson v. LM PARKER & COMPANY

It is now well established that the Industrial Commission’s findings of jurisdictional facts are not conclusive on appeal to the superior court, even though they may be supported by competent evidence. In Askew v. Tire Co., 264 N.C. 168, 141 S.E. 2d 280, Justice Moore, after considering and discussing the cases interpreting and applying the rule, set out certain principles; among them, this:

“Where the judge is of the opinion, upon a fair and impartial consideration of the evidence in the record, that the Commission’s findings of jurisdictional facts lead to an improper assumption or rejection…