Murray v. Biggerstaff

EAGLES, Judge.

I

We first consider whether plaintiff sustained an injury arising out of and in the course of his employment with Biggerstaff Gin and Seed Cleaner. Defendants contend that plaintiffs injuries occurred while performing a task outside his regular job duties and that therefore plaintiffs employment was casual which would exclude plaintiff from benefits under the Workers’ Compensation Act (the Act) pursuant to G.S. 97-13(b). We disagree.

The standard of review on appeal from an opinion and award of the Industrial Commission is two-fold: (1) are the findings of fact supported by…