Fennell v. North Carolina Department of Crime Control & Public Safety

Judge HUDSON

concurring in the result.

I agree that the decision of the Industrial Commission must be affirmed, but for different reasons than those above.

Unlike the majority, I believe this Court was correct when it stated in Brewington v. N.C. Dept. of Correction, 111 N.C. App. 833, 839, 433 S.E.2d 798, 801, disc. review denied, 335 N.C. 552, 438 S.E.2d 142 (1993), that, in cases under the Tort Claims Act, “the responsibility of weighing the credibility of the witnesses lies solely with the hearing commissioner.” In cases under the Workers’ Compensation Act, on the other hand, the Full…