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Workers’ Compensation – Partial Disability – Insufficient Findings

Harrison v. Gemma Power Systems, LLC (Lawyers Weekly No. 010-050-17, 19 pp.) (Robin Hudson, J.) Appealed from the Industrial Commission. On appeal from the Court of Appeals. N.C. S. Ct.

Holding: Where there are indications in medical records that plaintiff’s 2001 neck injury may be permanent and ongoing, but where the Industrial Commission’s opinion and award does not contain adequate findings and conclusions as to whether plaintiff has a permanent injury, taking into account all pertinent evidence, we are unable to review any determination regarding whether plaintiff is entitled to benefits for permanent partial impairment under G.S. § 97-31.

Because the Industrial Commission failed to adequately address the Court of Appeals’ mandate that it make “additional findings of fact and conclusions of law on the issue of Plaintiff’s entitlement to permanent partial impairment benefits under N.C. Gen. Stat. § 97-31,” we reverse and remand this case to the Court of Appeals for further remand to the Commission to comply with the 2014 mandate of the Court of Appeals.

 


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