Smith v. . Hauser and Co.

Stacy, C. J. It is provided in section 60 of the Workmen’s Compensation Act, chap. 120, Public Laws, 1929, that the award of the Commission “shall be conclusive and binding as to all questions of fact.” Reed v. Lavender Bros., post, 898, 172 S. E., 877; Chambers v. Oil Co., 199 N. C., 28, 153 S. E., 594. Therefore, the facts found by the full Commission are binding on the courts, unless the evidence is insufficient to support the findings. Dependents of Thompson v. Funeral Home, 205 N. C., 801; Dependents of Poole v. Sigman, 202 N. C., 112, 162 S. E., 198. “It is well settled that if there is any competent evidence to support the findings of fact of the Industrial Commission, although this Court may disagree with such findings, this Court will sustain the findings of fact made by the Commission” — Clarkson, J., in Kenan v. Motor Co., 203 N. C., 108, 164 S. E., 729. Clark v. Woolen Mills, 204 N. C., 529, 168 S. E., 816; Massey v. Board of Education, 204 N. C., 193, 167 S. E., 695. The evidence supports the findings of the full Commission that plaintiff’s intestate was not injured by accident arising out of and in the course of his employment, hence it is not for the courts to say otherwise. Reed v. Lavender Bros., supra; Johnson v. Bagging Co., 203 N. C., 579, 166 S. E., 586. The court erred, therefore, in reversing the award of the full Commission and reinstating the award of the hearing commissioner. Error.