Gordon v. City of Durham

TYSON, Judge.

The City of Durham (“employer”) appeals from the North Carolina Industrial Commission’s (“Commission”) opinion and award which reversed the opinion of the Deputy Commissioner and granted James Scott Gordon (“plaintiff’) workers’ compensation benefits. We affirm.

I. Facts

Plaintiff was employed as a firefighter for employer in August of 1997, working as a driver for Engine Company 10. Plaintiff also was self-employed since 1986 as an electrical contractor. On 27 August 1997 at approximately 11:00 p.m., plaintiff responded to the scene of a fire off of Garrett Road in Durham. While…