Hartley v. North Carolina Prison Department

The appellant argues the award should be disallowed for that the employee’s injury did not arise out of and in the course of his employment. It contends the claimant climbed the fence for his own convenience rather than as a part of his duty. Appellant further contends the conclusions of law are contrary to, and not supported by, the evidence.

According to all the evidence the employee’s duties required him to work within the enclosure except when he was called to relieve a guard stationed in a tower on the outside. When guard Prevatte called for relief, Hartley, whose duty it was to answer…