Dodson v. DUBOSE STEEL, INC.

I respectfully dissent from the majority’s decision affirming the portion of the Commission’s Opinion and Award concluding Dodson’s injury and death arose out of and in the course of his *10employment and awarding death benefits to plaintiff. Although I concur with the majority’s conclusion that Dubose’s argument under N.C. Gen. Stat. § 97-12(3) (2001) must fail, I do so on different grounds. The facts in this case are not in dispute; however, I recite additional facts to clarify and support my decision on this matter.

On 27 September 1999, John Dodson (“Dodson”) was transporting a load of steel…