Legal Opinion · Dissent

Glenn v. McDonald's

Court of Appeals of North Carolina

Decided February 16, 1993No. 9210IC66Published

1Dissent

Judge LEWIS

dissenting.

I respectfully dissent from the majority’s decision to reverse and remand and I would vote to affirm the award of the Industrial Commission. In its opinion, the majority states that the authority of the Commission is invoked at the time a voluntary settlement is submitted for approval. I agree. However, the majority’s opinion fails to address the issue of whether the Commission loses its authority to act if one of the parties withdraws its consent before the settlement agreement is approved. The answer to this question is essential to the resolution of this case because…

2Cases cited4 opinions

  1. Baldwin v. Piedmont Woodyards, Inc.Court of Appeals of North Carolina · 1982
  2. Buchanan v. Mitchell CountyCourt of Appeals of North Carolina · 1978
  3. Morgan v. . NorwoodSupreme Court of North Carolina · 1937
  4. Morgan v. Town of NorwoodSupreme Court of North Carolina · 1937

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