Riddick v. Richmond Cedar Works

43 S.E.2d 850, 227 N.C. 647

• Court: Supreme Court of North Carolina
• Decided: September 17, 1947
• Status: Published

Opinion

Stacy, C. J.

The correctness of the award is challenged on the ground that claimant had departed from the work he was employed to do at the time of his injury. Davis v. Veneer Corp., 200 N. C., 263, 156 S. E., 859; Parrish v. Armour, 200 N. C., 654, 158 S. E., 188. Even so, he was instructed on the day of the accident to leave his regular job and to do some work in the vicinity of one of the saws. “Whatsoever thy hand findeth to do,” was apparently within the purview of this instruction. In compliance, the claimant, in the absence of the regular sawyer, undertook to assist another employee in cutting off a board. The fact that he was not actually engaged in' the performance of his duties as lumber-piler at the time of the injury would not perforce defeat his claim for compensation. Brown v. Aluminum Co., 224 N. C., 766, 32 S. E. (2d), 320. He was doing “some work” in the vicinity of one of the saws, pursuant to instructions from his superior. This suffices to repel the motion to dismiss. Rewis v. Ins. Co., 226 N. C., 325, 38 S. E. (2d), 97; Pickard v. Plaid Mills, 213 N. C., 28, 195 S. E., 28; Gordon v. Chair Co., 205 N. C., 739, 172 S. E., 485; Bellamy v. Mfg. Co., 200 N. C., 676, 158 S. E., 246.

As a dernier resort, the defendant says that notwithstanding the determination of the Industrial Commission, the record as a whole impels the conclusion of a noncompensable injury. To accept this view would be to reject the inferences which support the fact-finding body. Kearns v. Furniture Co., 222 N. C., 438, 23 S. E. (2d), 310. Where the record is such as to permit either finding, the determination of the Industrial Commission is conclusive on appeal. Hegler v. Mills Co., 224 N. C., 669, 31 S. E. (2d), 918; Fields v. Plumbing Co., 224 N. C., 841, 32 S. E. (2d), 623.

Tbe result is an affirmance of tbe judgment below.

Affirmed.