Legal Opinion

Stewart v. North Carolina Department of Corrections

Court of Appeals of North Carolina

Decided June 16, 1976No. 7611IC82PublishedCited by 10 opinions

1Opinion of the Court

BRITT, Judge.

Defendant assigns as error the finding of fact and conclusion of law that the accident causing plaintiff’s injury arose out of and in the course of his employment. We find no merit in the assignment.

To be compensable an accident must arise out of the course and scope of employment. Loflin v. Loflin, 13 N.C. App. 574, 186 S.E. 2d 660 (1972), cert. denied, 281 N.C. 154, 187 S.E. 2d 585 (1972). Where the fruit of certain labor accrues either directly or indirectly to the benefit of an employer, employees injured in the course of such work are entitled to compensation under the…

2Cases cited5 opinions

  1. Clark Ex Rel. Clark v. Burton Lines, Inc.Supreme Court of North Carolina · 1968
  2. Aldridge v. Foil Motor CompanySupreme Court of North Carolina · 1964
  3. Loflin v. LoflinCourt of Appeals of North Carolina · 1972
  4. Hales v. North Hills Construction Co.Court of Appeals of North Carolina · 1969
  5. McMahan v. Hickey's SupermarketCourt of Appeals of North Carolina · 1974

3Cited by10 opinions

  1. Pollock v. Reeves Bros., Inc.Supreme Court of North Carolina · 1985
  2. Hauser v. Advanced Plastiform, Inc.Court of Appeals of North Carolina · 1999
  3. Begel v. Wisconsin Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 2001
  4. Hicks v. Piedmont Cold Storage, Inc.Court of Appeals of South Carolina · 1996
  5. Floyd v. First Citizens BankCourt of Appeals of North Carolina · 1999

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