Thompson v. Refrigerated Transport Co., Inc.

HEDRICK, Judge.

Defendants first contend that plaintiff’s injuries did not arise out of and in the course of his employment with the defendant, Refrigerated Transport Co. While defendants concede that an owner-operator of a truck leased to an Interstate Commerce Commission franchise holder is the employee of the lessee within the meaning of the North Carolina Workmen’s Compensation Act, Brown v. Truck Lines, 227 N.C. 299, 42 S.E. 2d 71 (1947), they assert that the plaintiff’s injuries in this case did not arise out of and in the course of his employment because under Brown the…