All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
IN THE SUPREME
COURT OF NORTH CAROLINA
No. 339A07
FILED: 11 APRIL 2008
DAVID J. WARD, Employee
v.
FLOORS PERFECT, Employer,
PENN NATIONAL INSURANCE, Carrier
Appeal pursuant to N.C.G.S. §7A-30(2) from the decision of a
divided panel of the Court of Appeals, ___ N.C. App. ___, 645 S.E.2d 109
(2007), affirming in part, reversing in part, and remanding an opinion and
award filed on 28 October 2005 by the North Carolina Industrial
Commission. Heard in the Supreme Court
17 March 2008.
Lennon
& Camak, PLLC, by George W. Lennon, S. Neal Camak, and Michael W. Bertics,
for plaintiff-appellant.
Young
Moore and Henderson P.A., by Zachary C. Bolen, for defendant-appellees.
PER
CURIAM.
Conclusions of Law 1 and 2 contained in the Industrial
Commission’s 28 October 2005 opinion and award are supported by competent
evidence but are inconsistent, and the Court of Appeals inappropriately
attempted to resolve the inconsistency in its decision. The Industrial Commission is best suited to
resolve this discrepancy. See
Harrell v. Harriet & Henderson Yarns, 314 N.C. 566, 574-575, 336 S.E.2d
47, 52 (1985). Thus, we reverse the
decision of the Court of Appeals and remand to that court with instructions to
further remand this matter to the Industrial Commission for entry of a new
opinion and award determining whether plaintiff has undergone a change of condition
affecting wage earning capacity pursuant to N.C.G.S. §97-47.
REVERSED AND REMANDED.