(DOWNLOAD) "Morehead v. Harris" by Supreme Court of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: Morehead v. Harris
- Author : Supreme Court of North Carolina
- Release Date : January 10, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
It is well settled that to be entitled to maintain a proceeding for compensation under the Workmens Compensation Act the claimant must have been an employee of the alleged employer at the time of his injury, or, in case of a claim for death benefits, the deceased must have been such an employee when injured. Hicks v. Guilford County, 267 N.C. 364, 148 S.E.2d 240; Askew v. Tire Co., 264 N.C. 168, 141 S.E.2d 280; Richards v. Nationwide Homes, 263 N.C. 295, 139 S.E.2d 645; Hayes v. Elon College, 224 N.C. 11, 29 S.E.2d 137. Otherwise, the Act simply has no application to the claim. Thus, the existence of the employer-employee relationship at the time of the accident is a jurisdictional fact. Notwithstanding G.S. 97-86, the finding of a jurisdictional fact by the Industrial Commission is not conclusive upon appeal even though there be evidence in the record to support such finding. The reviewing court has the right, and the duty, to make its own independent findings of such jurisdictional facts from its consideration of all the evidence in the record. Hicks v. Guilford County, supra; Askew v. Tire Co., supra; Richards v. Nationwide Homes, supra. The claimant has the burden of proof that the employer-employee relation existed at the time the injury by accident occurred.