Poythress v. JP Stevens and Co., Inc.

MARTIN (Harry C.), Judge.

In reviewing an award of the Industrial Commission, this Court is limited to two questions: (1) whether the Commission’s findings are supported by any competent evidence in the record; and (2) whether the Commission’s findings justify its legal conclusions. Inscoe v. DeRose Industries, 292 N.C. 210, 232 S.E. 2d 449 (1979); Walston v. Burlington Industries, 49 N.C. App. 301, 271 S.E. 2d 516 (1980). However, as plaintiff contends that defendants waived the defense of N.C.G.S. 97-58(e) by failing to raise it until after all evidentiary hearings had been concluded, we…