Legal Opinion · Dissent

Arp v. Parkdale Mills, Inc.

Court of Appeals of North Carolina

Decided May 21, 2002No. COA01-701Published

1DissentTyson, Judge

Plaintiff climbed a seven and one-half foot chain link and barb wire gate to leave work when another safe route was provided by defendant. This act was an unreasonable activity. Plaintiff’s injuries did not “arise out of’ and “in the course of” his employment. No com-pensable injury exists. I would reverse the decision of the Commission. I respectfully dissent.

I. “Arise Out Of And In The Course Of Employment”

“In order to be compensable under our Workers’ Compensation Act, an injury must arise out of and in the course of employment. Barham v. Food World, Inc., 300 N.C. 329, 332, 266 S.E.2d…

2Cases cited30 opinions

  1. Gallimore v. Marilyn's ShoesSupreme Court of North Carolina · 1977
  2. Barham v. Food World, Inc.Supreme Court of North Carolina · 1980
  3. Conrad v. Cook-Lewis Foundry Co.Supreme Court of North Carolina · 1930
  4. Harless v. FlynnCourt of Appeals of North Carolina · 1968
  5. Allred v. Allred-Gardner, IncorporatedSupreme Court of North Carolina · 1960

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