dissenting.
The majority’s opinion ignores binding precedent from this Court that the Commission’s opinion and award is void when entered after *73the expiration of two of the Commissioner’s terms. Coppley v. PPG Industries, Inc., 142 N.C. App. 196, 541 S.E.2d 743 (2001); Estes v. N.C. State Univ., 117 N.C. App. 126, 449 S.E.2d 762 (1994). Neither of these precedents have been overturned by our Supreme Court. “Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.” State v. Jones, 358 N.C. 473, 487, 598 S.E.2d 125, 133-34 (2004); In re Civil Penalty, 324 N.C. 373, 384, 379 S.E.2d 30, 37 (1989). I respectfully dissent.
This case was heard before a panel of the Full Commission consisting of Commissioners Bolch, Mavretic, and Sellers on 8 June 2005. The opinion and award was signed by the Commissioners on 3 August 2005 and filed on 7 April 2006. Commissioner Mavretic authored the opinion and award and Commissioner Bolch concurred. Commissioner Sellers dissented. Defendant asserts the terms of Commissioners Bolch and Mavretic expired on 30 June 2004 and 30 April 2005 respectively.
I. Appellate Rule lOfa'i
This issue is properly before this Court. Rule 10(a) of the North Carolina Rules of Appellate Procedure provides:
[U]pon any appeal duly taken from a final judgment any party to the appeal may present for review, by properly making them the basis of assignments of error, the questions whether the judgment is supported by the verdict or by the findings of fact and conclusions of law, whether the court had jurisdiction of the subject matter, and whether a criminal charge is sufficient in law.
N.C.R. App. P. 10(a) (2007) (emphasis supplied). “Jurisdiction is ‘[t]he legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it.’ ” In re T.R.P., 360 N.C. 588, 590, 636 S.E.2d 787, 789-90 (2006) (quoting Black’s Law Dictionary 856 (7th ed. 1999)). “[A] court must also have subject matter jurisdiction, or jurisdiction over the nature of the case and the type of relief sought, in order to decide a case.” Id. at 590, 636 S.E.2d at 790 (quotation omitted). Subject matter jurisdiction is “the power to pass on the merits of the case.” Boyles v. Boyles, 308 N.C. 488, 491, 302 S.E.2d 790, 793 (1983).
Defendant argues Commissioners Bolch and Mavretic had no jurisdiction, subject matter or otherwise, to rule upon this case after *74their terms had expired prior to the case being heard and that the Commission’s opinion and award is void. Defendant’s assignment of error numbered 7 states, “The Commission erred as a matter of law in filing its Opinion and Award without a sufficient number of Commissioners concurring.” Defendant has properly raised and argued this issue through an assignment of error. This issue is properly before this Court. N.C.R. App. P. 10(a).
II. Estes and Cormlev
The proper holding in this case is controlled by this Court’s prior precedents. In Estes, the Full Commission panel consisted of three commissioners at the time of the original hearing. 117 N.C. App. at 128, 449 S.E.2d at 764. Chairman Booker authored the opinion and award and Commissioner Davis concurred. Id. Commissioner Ward dissented. Id. However, when the opinion and award was signed and filed, Commissioner Davis’s term had expired. Id. This Court unanimously held the Full Commission’s decision was void as a matter of law. Id.
This Court also considered this issue in Coppley, 142 N.C. App. 196, 541 S.E.2d 743. Commissioner Bolch authored the opinion and award and Commissioner Bunn concurred. Id. Commissioner Riggsbee dissented. Id. at 197, 541 S.E.2d at 743. Chairman Bunn signed the opinion and award on 22 June 1999 and left the Commission on 21 September 1999. Id. The opinion and award was filed on 19 October 1999. Id. This Court stated, “ ‘Where a commissioner’s vote was taken before the expiration of his term of office, but the decision was not issued until after the term expired, the decision of the Commission is void as a matter of law.’ ” Id. at 198, 541 S.E.2d at 744 (quoting Leonard' T. Jernigan, Jr., North Carolina Workers’ Compensation Law and Practice § 25-9 (3d ed. 1999)). The opinion and award was held to be void because no majority of the Commission existed when it was filed. Id.
The facts of this case are more egregious than either of the facts in Estes or Coppley. Defendant argues that unlike the facts in Estes and Coppley, Commissioners Bolch and Mavretic comprised the total majority and both their terms had expired before the panel convened, the case was heard, and the opinion and award was entered. On 8 September 2006, this Court allowed defendant’s Motion for Addition to Record on Appeal filed on 24 August 2006 as exhibits to the record • on appeal. Attached to the motion as Exhibit A were copies of two letters, both signed by former Governor James B. Hunt, Jr. One letter, *75dated 10 June 1999, is addressed to Mr. Thomas J. Bolch. The first paragraph of the letter states in full, “It gives me great pleasure to reappoint you as a member of the North Carolina Industrial Commission. Pursuant to General Statute 97-77, your appointment is effective immediately. Your term will expire on June SO, 2004.” (Emphasis supplied).
The second letter, dated 21 July 2000, is also signed by former Governor Hunt and is addressed to Ms. Laura K. Mavretic. The first paragraph of this letter states in full, “It gives me great pleasure to appoint you to serve as a member of the North Carolina Industrial Commission. Pursuant to General Statute 97-77, your appointment is effective August 1, 2000 and will expire on April 30, 2005.” (Emphasis supplied).
Nothing in the record shows either Commissioners Bolch or Mavretic were reappointed to the Commission after their terms of office expired on “June 30, 2004,” and “April 30, 2005,” respectively. According to the Commission’s website, Commissioner Bolch was replaced by Mr. Danny Lee McDonald, who was sworn into office on 9 February 2007. Commissioner Mavretic was administered the oath of office on 8 February 2007. See News Release dated 2 February 2007, http://www.comp.state.nc.us/ncic/pages/020207nr.htm.
Defendant argues Commissioners Bolch and Mavretic purported to convene the Commission to hear this case, and signed and entered the opinion and award after their terms had expired and without a current commission issued by the Governor to renew their terms. N.C. Gen. Stat. § 97-77 (2005) mandates “the Governor shall appoint a successor for a term of six years, and thereafter the term of office of each commissioner shall be six years.” (Emphasis supplied).
This Court is bound by both Estes and Coppley. Jones, 358 N.C. at 487, 598 S.E.2d at 133-34; In re Civil Penalty, 324 N.C. at 384, 379 S.E.2d at 37. “As a commission it acts by a majority of its qualified members at the time decision is made.” Gant v. Crouch, 243 N.C. 604, 607, 91 S.E.2d 705, 707 (1956) (emphasis supplied).
III. Conclusion
Defendant’s appeal challenges the jurisdictional members of the Commission to hear this appeal. N.C.R. App. P. 10(a). Following Gant, Estes, and Coppley, no majority of the Commission possessed “the power to pass on the merits of the case” or concur in the opinion and *76award entered. Boyles, 305 N.C. at 491, 302 S.E.2d at 793. The opinion and award is void and must be vacated. Gant, 243 N.C. at 607, 91 S.E.2d at 707; Coppley, 142 N.C. App. at 198, 541 S.E.2d at 744; Estes, 117 N.C. App. at 128, 449 S.E.2d at 764. I respectfully dissent.