Lloyd v. Jenkins Context Co.

WEBB, Judge.

In order to bring himself within the coverage of the Workmen’s Compensation Act, the claimant has the burden of proving that the employer-employee relationship existed. The reviewing court is not bound by the finding of this jurisdictional fact by the Industrial Commission. This Court must make its own finding from a consideration of all the evidence in the case. See Lucas v. Stores, 289 N.C. 212, 221 S.E. 2d 257 (1976). G.S. 97-2(2) provides:

The term “employee” means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or…