Forsythe v. Inco

LEWIS, Judge.

Under the Workers’ Compensation Act, plaintiff’s right to recover for the death of his daughter depends upon whether it resulted from an “accident arising out of and in the course of the employment.” G.S. 97-2(2); Bartlett v. Duke University, 284 N.C. 230, 232, 200 S.E.2d 193, 194 (1973). “Arising out of the employment” refers to the origin or cause of the accidental injury; “in the course of employment” refers to the time, place and circumstances under which an accidental injury occurs. The two phrases involve two ideas and two conditions, both of which must be met to sustain an…