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Title: King v. Exxon Co.
Author : Court of Appeals of North Carolina No. 7910IC1059
Release Date : January 20, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

The facts found by the Commission are conclusive on appeal, G.S. 97-86, and the scope of our review is the limited determination of whether there was presented competent evidence to support the Commission's findings. Willis v. Reidsville Drapery Plant, 29 N.C. App. 386, 224 S.E.2d 287 (1976). In order to recover under the Worker's Compensation Act (Chapter 97 of the General Statutes) plaintiff is required to prove that the injury which resulted in death (1) was caused by an accident, (2) arose out of the employment, and (3) was sustained in the course of the employment. Gallimore v. Marilyn's Shoes, 292 N.C. 399, 233 S.E.2d 529 (1977). The Commission found that ""[t]here [was] no [evidence] with respect to decedent having any bruises, lacerations, abrasions, or other physically observable indicia of a trauma or fall, nor did x-rays reveal any fractures,"" and that ""[d]ecedent did not sustain an injury by accident arising out of and in the course of his employment."" Plaintiff contends that there is no evidence to support these findings, and that in fact the evidence compels a finding that a fall caused the injury which led to decedent's death.

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