McPhaul v. Sewell

WEBB, Judge.

Plaintiffs first assign as error Deputy Commissioner Roney’s rescheduling of the case at the close of the plaintiffs’ evidence. Plaintiffs argue that they were greatly prejudiced by staking out their case and then having Deputy Commissioner Roney keep the suit open for defendants to obtain a medical expert of their choosing. We do not believe the rescheduling of the case constitutes error. The Legislature empowered the Industrial Commission to make rules in so far as they are not inconsistent with the Workmen’s Compensation Act, G.S. 97-80. Rule XVI of the Rules of the Industrial…