Richardson v. North Carolina Department of Correction

Judge Greene

dissenting.

I disagree with the majority’s opinion that the Industrial Commission’s dismissal of plaintiff’s claim under the Tort Claims Act was proper.

North Carolina General Statute § 97-13(c) of the Worker’s Compensation Act provides:

*708This Article shall not apply to prisoners being worked by the State or any subdivision thereof, except to the following extent: Whenever any prisoner assigned to the State Department of Correction shall suffer accidental injury or accidental death arising out of and in the course of the employment to which he had been assigned, if there be death or…