Wooten v. Newcon Transportation, Inc.

HUDSON, Judge.

In May 2002, plaintiff, the widow of deceased employee Walter Wooten (“the decedent”), filed a claim with the North Carolina Industrial Commission alleging that her husband died in a traffic accident that occurred while he was working as a truck driver for defendant-employer. On 27 April 2004, Deputy Commissioner Philip A. Baddour, III, entered an opinion and award denying plaintiffs claim on the ground that decedent’s death was not an injury by accident which arose out of his employment. On 28 April 2005, the Full Commission reversed and awarded plaintiff workers’ compensation…