Kidd v. Early

It is axiomatic that an opinion and award entered by the Industrial Commission may not be disturbed on appeal unless a patent error of law exists therein. See G.S. 97-86; Godley v. County of Pitt, and cases there cited, 306 N.C. 357, 293 S.E.2d 807 (1982). In the instant case, our review is directed toward the resolution of a single issue: whether the Commission erred as a matter of law in finding and concluding that plaintiffs injury arose out of and occurred in the course of his employment as a truck driver for defendant. We disagree with the Court of Appeals and hold that, on these particular facts, the employee-driver and owner-lessor of the truck is entitled to workers compensation for the accidental injury sustained by him.