Hicks v. Guilford County

A person who seeks to recover benefits under the Workmen’s Compensation Act must prove that he is a member of a class embraced in the Act. Richards v. Nationwide Homes, 263 N.C. 295, 139 S.E. 2d 645. The Act applies only where the employer-employee relationship exists. Hayes v. Elon College, 224 N.C. 11, 29 S.E. 2d 137. The question of whether this relationship existed at the time of the claimant’s injury is jurisdictional and, therefore, the finding or conclusion of the Industrial Commission with respect thereto is not conclusive but is reviewable by the court on appeal. Askew v. Tire Co.,…