Jackson v. The Timken Co.

MURPHY, Judge.

*470 Where an injury occurs in the course of one's employment but is not caused by an accident and does not arise out of the employment, that injury does not fall under the Workers' Compensation Act, and the injured party may not be compensated thereunder. If the Industrial Commission lacks exclusive jurisdiction to hear a claim that occurs in the course of one's employment, a trial court does not err in asserting subject matter jurisdiction over that claim.

BACKGROUND

This action was initiated in September 2017 when Plaintiff filed a civil complaint in Gaston County Superior Court…