Aetna was the compensation carrier on the risk. On 17 November 1989 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. A hearing was held 8 May 1991 before Deputy Commissioner Tamara R. Nance. Defendants gave notice of appeal and application for review to the North Carolina Industrial Commission. A hearing was held 27 April 1993 at which the Full Commission adopted the stipulations entered into by the parties, and indicated it would take testimony on the remaining issues of plaintiff's average weekly wage and the causally related compensable consequences of the injury of 17 November 1989.
Defendants raise two issues and plaintiff raises one issue on appeal.
Conclusions of law based on these findings, however, are subject to review by the appellate courts. I. Defendants contend plaintiff failed to carry his burden of proof as to his disability from the 17 November 1989 accident. Defendants argue the evidence presented shows plaintiff has a history of hip problems and has had a hip prosthesis for several years. They point out plaintiff was involved in another automobile accident on 18 October 1989, approximately one month before the accident giving rise to the present claim, and suggest the October accident is the cause of plaintiff's disability. However, it is well established that while evidence might support contrary findings of fact, if there is competent evidence to support a finding of fact of the Industrial Commission, such finding is conclusive on appeal.