Rorie v. Holly Farms Poultry Co.

MITCHELL, Justice.

The plaintiff brought this action before the Industrial Commission seeking death benefits under the Workers’ Compensation Act. The Deputy Commissioner found that the decedent’s death was accidental and arose out of and in the course of the employment but that the compensation must be denied under the terms of G.S. 97-12(3) because the death was proximately caused by the willful intention of the decedent to injure another. By a two to one vote the Full Commission upheld the opinion of the Deputy Commissioner, and the plaintiff appealed to the Court of Appeals. The Court of…