Anderson v. Texas Gulf, Inc.

ORR, Judge.

The sole issue before the Court is whether the plaintiffs complaint should have been dismissed because it conclusively showed plaintiff to be an employee of defendant at the time he was injured and thereby limited his remedy to recovery under the Workers’ Compensation Act. We conclude that the trial court erred in dismissing the case.

N.C.G.S. § 97-10.1 provides that if an employee and employer are subject to and have complied with the Workers’ Compensation Act, the rights and remedies granted to the employee under the Act are his sole remedy and exclude all other rights and…