Barnes v. Singer Co.

I am unable to agree with the majority’s statement that “[t]he employer has the burden to show that the claimant is disqualified from recovering benefits.” The statement comes from Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 376, 289 S.E. 2d 357, 359 (1982), a 4 to 3 opinion which cites as its authority a 1954 decision in the Pennsylvania intermediate court of appeals, Kelleher Unempl. Compensation Case, 175 Pa. Super. 261, 104 A. 2d 171 (1954). The same Pennsylvania court, in a case decided subsequently, seriously criticized the decision in Kelleher and in fact held that “[t]here…