Askew v. LEONARD TIRE COMPANY

To be entitled to maintain a proceeding for compensation for personal injury under the provisions of the Workmen’s Compensation Act the claimant must be, in fact and in law, an employee of the alleged employer. The question whether the employer-employee relationship exists is clearly jurisdictional. Richards v. Nationwide Homes, 263 N.C. 295, 139 S.E. 2d 645; Pearson v. Flooring Co., 247 N.C. 434, 101 S.E. 2d 301; Francis v. Wood Turning Co., 204 N.C. 701, 169 S.E. 654. A challenge to jurisdiction may be made at any time, even in Supreme Court. Richards v. Nationwide Homes, supra; Dependents…