Blackmon v. North Carolina Department of Correction

PARKER, Justice.

Plaintiff appeals a decision of the Court of Appeals reversing a decision and order of the Industrial Commission awarding plaintiff damages under the Tort Claims Act. For the reasons stated herein, we conclude that provisions of the Workers’ Compensation Act bar plaintiff’s wrongful death action. Accordingly, we affirm the Court of Appeals.

*261On 6 November 1990 decedent Bobby Blackmon was an inmate incarcerated within the Department of Correction (“DOC”) at Yancey Correctional Center. Decedent worked with a minimum custody road crew which was assigned to the Department of…