Legal Opinion

Hensley v. Caswell Action Committee, Inc.

Supreme Court of North Carolina

Decided February 5, 1979No. 15PublishedCited by 25 opinions

1Opinion of the Court

EXUM, Justice.

The deceased, a boy of 14 years, drowned in the Yanceyville Reservoir while on the job he was hired to do by defendant Caswell Action Committee, Inc., after being generally instructed by his supervisor not to go in the water. The Court of Appeals held that his death was not compensable. We reverse. We also conclude that the Deputy Commissioner who heard the case on remand from the Industrial Commission properly limited the hearing to testimony concerning wage rates. Finally we conclude the Industrial Commission erred in its determination of the average weekly wage to be used in…

2Cases cited6 opinions

  1. Harding v. THOMAS AND HOWARD COMPANYSupreme Court of North Carolina · 1962
  2. Robbins v. NicholsonSupreme Court of North Carolina · 1972
  3. Hartley v. North Carolina Prison DepartmentSupreme Court of North Carolina · 1962
  4. Teague v. . Atlantic Co.Supreme Court of North Carolina · 1938
  5. Morrow v. . Highway CommissionSupreme Court of North Carolina · 1938

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. McAninch v. Buncombe County SchoolsSupreme Court of North Carolina · 1997
  2. Hoyle v. Isenhour Brick & Tile Co.Supreme Court of North Carolina · 1982
  3. Bond v. Foster Masonry, Inc.Court of Appeals of North Carolina · 2000
  4. Conyers v. New Hanover County SchoolsCourt of Appeals of North Carolina · 2008
  5. Spratt v. Duke Power Co.Court of Appeals of North Carolina · 1983

20 more not listed; retrieve them via the Exa API.

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