Spratt v. Duke Power Co.

JOHNSON, Judge.

The question presented for review is whether the Industrial Commission correctly found and concluded that Gregory Spratt’s injury by accident arose out of and in the course of his employment. For the reasons set forth below, we answer the question in the affirmative.

The only injury which is compensable under the Workers’ Compensation Act is an injury “by accident arising out of and in the course of the employment.” G.S. 97-2(6). The determination of whether an accident arises out of and in the course of employment is a mixed question of law and fact, and the appellate court may…