Gallimore v. Marilyn's Shoes

MOORE, Justice.

For an injury to be compensable under our Workmen’s Compensation Act (Chapter 97 of the General Statutes of North Carolina), the claimant must prove three elements: (1) That the injury was caused by an accident; (2) that the injury arose out of the employment; and (3) that the injury was sustained in the course of employment. G.S. 97-2(6); Bryan v. Church, 267 N.C. 111, 147 S.E. 2d 633 (1966). The findings of fact by the Industrial Commission are conclusive on appeal if supported by any competent evidence. However, the determination of whether an accident arises out of and in…