Legal Opinion · Dissent

Hassell v. Onslow County Board of Education

Supreme Court of North Carolina

Decided June 12, 2008No. 172A07Published

1DissentJustice Timmons-Goodson

Because I believe that the majority has erroneously upheld the denial of workers’ compensation benefits on the basis of fault or contributory negligence, I respectfully dissent.

While the majority disavows any language from the Commission premising compensability on the absence of fault, it fails to address whether the Commission and Court of Appeals majority relied on this erroneous premise. In acknowledging an error in the proceedings below, yet upholding the result, it appears that the majority’s treatment of plaintiff’s argument omits a piece of the puzzle.

*309The majority acknowledges that…

2Cases cited5 opinions

  1. Pleasant v. JohnsonSupreme Court of North Carolina · 1985
  2. Whitaker v. Town of Scotland NeckSupreme Court of North Carolina · 2003
  3. Hartley v. North Carolina Prison DepartmentSupreme Court of North Carolina · 1962
  4. Hamilton v. . R. R.Supreme Court of North Carolina · 1931
  5. Hamilton v. Southern Railway Co.Supreme Court of North Carolina · 1931

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