Robinson v. North Carolina State Highway Commission

Court of Appeals of North Carolina

Robinson v. North Carolina State Highway Commission

185 S.E.2d 333, 13 N.C. App. 208, 1971 N.C. App. LEXIS 1196

CourtCourt of Appeals of North Carolina

DecidedDecember 15, 1971

DocketNo. 7128IC624 and No. 7128IC686

StatusPublished

Cited by3 cases

This text of 185 S.E.2d 333 (Robinson v. North Carolina State Highway Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. North Carolina State Highway Commission, 185 S.E.2d 333, 13 N.C. App. 208, 1971 N.C. App. LEXIS 1196 (N.C. Ct. App. 1971).

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Opinion

VAUGHN, Judge.

In order to recover for an injury under Workmen’s Compensation Laws in North Carolina, the claimant must [211]*211prove that the injury was the result of an accident arising out of and in the course of his employment. G.S. 97-2(6). “It is settled law in this State that the words ‘out of’ refer to the origin or cause of the accident, and that the words ‘in the course of’ refer to the time, place and circumstances under which it occurred.” Bass v. Mecklenburg County, 258 N.C. 226, 128 S.E. 2d 570. The injury and death in these cases fall within the exception to the general rule that injuries in travel to and from work are not compensable. See Bass v. Mecklenburg County, supra; Bountiful Brick Co. v. Giles, 276 U.S. 154, 72 L.Ed. 507; Maurer v. Salem Co., 266 N.C. 381, 146 S.E. 2d 432; 99 C.J.S., Workmen’s Compensation, § 234 and the numerous cases cited in the above references. We hold that the Industrial Commission did not err in its conclusion that the death of Roberts and injury to Robinson resulted from an accident arising out of and in the course of their employment.

Affirmed.

Judges Brock and Britt concur.

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VAUGHN, Judge.

In order to recover for an injury under Workmen’s Compensation Laws in North Carolina, the claimant must [211]*211prove that the injury was the result of an accident arising out of and in the course of his employment. G.S. 97-2(6). “It is settled law in this State that the words ‘out of’ refer to the origin or cause of the accident, and that the words ‘in the course of’ refer to the time, place and circumstances under which it occurred.” Bass v. Mecklenburg County, 258 N.C. 226, 128 S.E. 2d 570. The injury and death in these cases fall within the exception to the general rule that injuries in travel to and from work are not compensable. See Bass v. Mecklenburg County, supra; Bountiful Brick Co. v. Giles, 276 U.S. 154, 72 L.Ed. 507; Maurer v. Salem Co., 266 N.C. 381, 146 S.E. 2d 432; 99 C.J.S., Workmen’s Compensation, § 234 and the numerous cases cited in the above references. We hold that the Industrial Commission did not err in its conclusion that the death of Roberts and injury to Robinson resulted from an accident arising out of and in the course of their employment.

Affirmed.

Judges Brock and Britt concur.

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Bluebook (online)

185 S.E.2d 333, 13 N.C. App. 208, 1971 N.C. App. LEXIS 1196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-north-carolina-state-highway-commission-ncctapp-1971.

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