Fagundes v. Ammons Dev. Grp., Inc.

DIETZ, Judge.

*736 The central issue in this appeal is whether employees injured while working in "ultrahazardous" jobs may sue their employers in the court system despite the provisions of the Workers' Compensation Act requiring those claims to be pursued at the Industrial Commission.

Plaintiff Francisco "Frank" Fagundes, who seeks to sue his employer for injuries suffered during a blasting accident, acknowledges that this is a novel argument. But he contends that his position is simply a logical extension of our Supreme Court's decision in Woodson v. Rowland , 329 N.C. 330 , 407 S.E.2d 222 (1991).