DeVine v. Dave Steel Co.

44 S.E.2d 77, 227 N.C. 684, 1947 N.C. LEXIS 506

• Court: Supreme Court of North Carolina
• Decided: September 24, 1947
• Status: Published

Opinion

Stacy, C. J.

Without adopting all the reasons assigned by the hearing Commissioner, and approved by the Full Commission, in support of the conclusions reached, we think the record discloses facts sufficient to sustain the award.

The deceased was engaged in his regular work. He accidentally fell and suffered a fatal blow when the back of his head came in contact with the concrete platform on which he was standing. The exact cause of the fall is not determined, although it is found that it was an accident arising out of the employment. Robbins v. Hosiery Mills, 220 N. C., 246, 17 S. E. (2d), 20. It occurred while the employee was in the discharge of his duties, and it resulted in his death. This permits the inference, which .the Commission has drawn, that it was, a compensable injury. Rewis v. Ins. Co., 226 N. C., 325, 38 S. E. (2d), 97; Brown v. Aluminum Co., 224 N. C., 766, 32 S. E. (2d), 320. To say the death was due to physical seizure, unrelated to the employment, even if regarded the more plausible view, would be to reject the opposing inferences which support the fact-finding body. Hegler v. Cannon Mills, 224 N. C., 669, 31 S. E. (2d), 918. Moreover, where the record is such as to permit either finding, the factual determinations of the Industrial Commission are conclusive on appeal to the Superior Court and in this Court. Kearns v. Furniture Co., 222 N. C., 438, 23 S. E. (2d), 310.

Tbe cases of Rewis and Brown, above cited, are in full support of tbe conclusion bere reached. "We are content to rest our decision on wbat was said in these two cases.

Affirmed.