I.C. No. 050286North Carolina Industrial Commission
Filed 20 December 1994
ORDER FOR THE FULL COMMISSION BY DIANNE C. SELLERS COMMISSIONER
This matter was appealed by plaintiff to the North Carolina Court of Appeals from the second Opinion and Award entered in this matter by the Full Commission on 29 November 1992. In Case Number 9310IC255, the North Carolina Court of Appeals vacated the Award and the portion of the Opinion and Award regarding plaintiff’s psychological condition and remanded this case to the Commission in an opinion filed 16 August 1994 for specific findings as to plaintiff’s psychological disability, if any; plaintiff’s ability to work from a psychological standpoint; and the effect plaintiff’s psychological disability, if any, has on the amount of compensation plaintiff is entitled to receive.
Furthermore, in response to plaintiff’s assignment of error to the Full Commission’s 17 July 1990 modification of the Opinion and Award of 1 September 1989, the North Carolina Court of Appeals, based on their holding above, held that there were not sufficient findings of fact to support a determination as a matter of law that a change of condition has occurred. Therefore, on remand, after entry of findings of fact on the issue of plaintiff’s ability to work and earn wages from a psychological standpoint, the Commission is to determine, as a matter of law, whether these facts constitute a change in condition so as to warrant modification of the first Opinion and Award of 1 September 1989 under N.C. Gen. Stat. § 97-47.
APPEARANCES
Plaintiff: Richard F. Harris, III, Attorney, Charlotte, appearing.
Defendants: Caudle and Spears, Attorneys, Charlotte, Lisa Crotty appearing.
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The portion of the Opinion and Award of the Industrial Commission filed 24 November 1992 is vacated with respect to the plaintiff’s psychological condition and the case remanded to Deputy Commissioner Morgan S. Chapman who heard this matter in part on 9 October 1991 for the entry of an Opinion and Award consistent with the Opinion of the Court of Appeals including: (1) specific findings on the issue of plaintiff’s psychological condition and (2) in light of these additional findings, a redetermination of whether the facts constitute a change of condition.
Costs shall abide final result.
This the _____ day of ________________________________________, 1994.
FOR THE FULL COMMISSION
S/ _________________________ DIANNE C. SELLERS COMMISSIONER
DCS/nw