Southerland v. B. V. Hedrick Gravel & Sand Co.

ARNOLD, Chief Judge.

Appellants first assign error to the Industrial Commission’s award of workers’ compensation benefits to plaintiff as a misapplication of the law. We agree and vacate the opinion and award.

The central issue in this case is whether the Industrial Commission had jurisdiction over this claim. A jurisdictional question may be raised at any stage of the proceeding. Askew v. Tire Co., 264 N.C. 168, 171, 141 S.E.2d 280, 282 (1965). Ordinarily, to come within the provisions of the Workers’ Compensation Act, a claimant has the burden of proving that an employer-employee relationship…