Edwards v. John Smith & Sons

HEDRICK, Judge.

Defendants do not question the sufficiency of the evidence to support the findings of fact, but rather the sufficiency of the findings of fact to support the conclusion of law that plaintiff has experienced a change of condition under N.C.G.S. 97-47 from the time of Deputy Commissioner Denson’s original award on 27 January 1976.

N.C.G.S. 97-47 authorized the Industrial Commission to review and, in its discretion, modify previous awards on the grounds of a change of condition. As stated in Gaddy v. Kern, 32 N.C. App. 671, 673, 233 S.E. 2d 609, 611 (1977), a change of condition…