Cain v. Guyton

JOHNSON, Judge.

Defendant contends that the record herein does not support a finding of the Industrial Commission’s jurisdictional prerequisite that defendant regularly employed five or more employees. After careful consideration of the record herein, we disagree. During the time frame in question the Workers’ Compensation Act by statute was inapplicable to any employer “that has regularly in service less than five employees. . . .” G.S. 97-13(b) (amended 1979). The term “employment” was then defined as including “employments in which five or more employees are regularly employed in the same…