Choate v. Sara Lee Products

HUNTER, Judge.

Wanda J. Choate (plaintiff) appeals from the Opinion and Award of the North Carolina Industrial Commission (Commission) which denied plaintiffs claim for benefits under the North Carolina Workers’ Compensation Act (Act). The Commission found as a fact that plaintiff fell in the employer’s parking lot on 27 January 1994. The issue on appeal is whether that fall arose out of and during the course of plaintiff’s employment.

Evidence before the Commission tended to show that at the time of the incident, plaintiff had worked for defendant for twenty-seven and one-half years as a…