Mitchell v. Fieldcrest Mills, Inc.

PARKER, Judge.

The sole question presented by defendant’s appeal is whether the evidence presented to the deputy commissioner was sufficient to support her finding that claimant is totally and permanently disabled. Defendant’s brief states that the primary basis for its argument is that claimant should be limited to the schedule for compensation provided in G.S. 97-31(23) for the total loss of use of the back. The statute states that this scheduled compensation “shall be in lieu of all other compensation.”

However, in Whitley v. Columbia Lumber Mfg. Co., 318 N.C. 89, 348 S.E. 2d 336 (1986), the…