Harrell v. J. P. Stevens & Co.

HEDRICK, Judge.

The duties of the Industrial Commission, when deciding a claim under G.S. § 97-53(13), have been recently enunciated by our Supreme Court in Wood v. J. P. Stevens & Co., 297 N.C. 636, 256 S.E. 2d 692 (1979). Speaking through Chief Justice Sharp, the Court said:

Whether a given illness falls within the general difinition [sic] set out in G.S. 97-53(13) presents a mixed question of fact and law. The Commission must determine first the nature of the disease from which the plaintiff is suffering — that is, its characteristics, symptoms and manifestations. Ordinarily, such findings…