(DOWNLOAD) "Powers v. Lady's Funeral Home" by Court of Appeals of North Carolina No. 8110IC502 # Book PDF Kindle ePub Free
eBook details
- Title: Powers v. Lady's Funeral Home
- Author : Court of Appeals of North Carolina No. 8110IC502
- Release Date : January 04, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The sole question presented for review is whether the injury by accident sustained by plaintiff arose out of and in the course of employment. It is undisputed that plaintiff had been called from his house on the night he was injured to embalm a body. The Commission found that plaintiff's injury occurred after he left the funeral home to return to his residence. The general rule is that injuries received by an employee while travelling to or from the work place are usually not covered by this State's Workmen's Compensation Act. Strickland v. King and Sellers v. King, 293 N.C. 731, 239 S.E.2d 243 (1977); Humphrey v. Laundry, 251 N.C. 47, 110 S.E.2d 467 (1959). All parties accede, however, to the deputy commissioner's conclusion, supported by the facts, that the journey to and from the funeral home rose to the level of a special errand. Therefore, ""[t]he 'come and go' rule, as laid down in Hunt v. State, 201 N.C. 707, is not applicable under the facts in this case. (Citations omitted.)"" Massey v. Board of Education, 204 N.C. 193, 196, 167 S.E. 695, 697 (1933). Plaintiff's travel was, therefore, properly considered to have been incident to and in the course of his employment. The denial of compensation turned on the subtle determination that plaintiff's journey from his place of employment to his home ended when ""he actually left the public street or highway located adjacent to his residence and was again physically present on his property."" Plaintiff was at his doorstep when injured by the runaway automobile, hence the deputy commissioner's determination and denial of compensation.