Smith v. William Muirhead Construction Co.

BRITT, Judge.

Plaintiff contends that the full commission erred in vacating the opinion and award of the hearing commissioner. Among other things, he argues that the evidence raised the issue of equitable estoppel and that the full commission failed to make findings of fact on the issue. We find merit in the argument.

In reviewing the opinion and award of the hearing commissioner, the commission was authorized by G.S. 97-85 to “reconsider the evidence” and, if proper, to vacate the award. Lee v. Henderson and Associates, 284 N.C. 126, 200 S.E. 2d 32 (1973). The power of the commission to review…