McCulloh v. Catawba College

The first question to be considered is whether, under the facts presented, the judge had authority to grant defendants’ motion for a rehearing on the grounds of newly discovered evidence.

After an appeal from an award of the Industrial Commission has been duly docketed in the Superior Court, the judge “has the power in a proper case to order a rehearing of the proceeding by the Industrial Commission on the ground of newly discovered evidence, and to that end to remand the proceeding to the Commission.” Byrd v. Lumber Co., 207 N.C. 253, 255, 176 S.E. 572, 573. (Italics ours.) Accord, Moore v.…