Opinion
Filed 19 October, 1955.
Master and Servant 55d — When there is any competent evidence to support a finding of fact by the Industrial Commission, such finding is conclusive on appeal, even though there is evidence that would have supported a finding to the contrary.
APPEAL by plaintiff from Sink, Emergency Judge, April Term, 1955, of AVERY.
Warren H. Pritchard for plaintiff appellant.
Stillwell Stillwell, McBee McBee, and Fouts Watson for defendant appellee.
Proceeding before the Industrial Commission for compensation due to disablement from silicosis.
The hearing Commissioner found as a fact that the plaintiff failed to show an injurious exposure to the hazards of silicosis while employed by the defendant, and there is competent evidence to support such finding.
The plaintiff appealed to the Full Commission and after a review of the evidence, findings of fact and conclusions of law of the hearing Commissioner theretofore made, it adopted such findings of fact and conclusions of law and ordered an affirmance of the result reached by him. The plaintiff then appealed to the Superior Court where the order of the Commission was in all respects affirmed.
Plaintiff appeals to this Court, assigning error.
When there is any competent evidence to support a finding of fact by the Industrial Commission, such finding is conclusive on appeal, even though there is evidence that would have supported a finding to the contrary. Creighton v. Snipes, 227 N.C. 90, 40 S.E.2d 612; Rewis v. Insurance Co., 226 N.C. 325, 38 S.E.2d 97. Therefore, in light of the Commission's findings of fact, the judgment of the court below must be
Affirmed.