1. Workers' Compensation--findings of fact--evidence sufficient
In a workers' compensation action arising from a back injury
suffered when plaintiff fell while buying bagels for an office
Christmas breakfast, the Industrial Commission had ample
competent evidence upon which to base its finding that
plaintiff's supervisor had instructed her to coordinate the
breakfast.
2. Workers' Compensation--course of employment--coordinating
Christmas breakfast
The Industrial Commission did not err in a workers'
compensation action by concluding that plaintiff's injury arose
in the course of her employment where she fell and injured her
back while buying bagels for an office Christmas breakfast.
Plaintiff was engaged in an activity directly related to her
supervisor's request that she coordinate the breakfast. Appeal by defendant from opinion and award entered 19
February 1998 by the N.C. Industrial Commission. Heard in the
Court of Appeals 4 January 1999.
Carruthers & Roth, P.A., by Kenneth L. Jones, for plaintiff-
appellee.
Brooks, Stevens & Pope, P.A., by Daniel C. Pope, Jr., and
Bambee N. Booher, for defendant-appellant.
McGEE, Judge.
Plaintiff was employed by defendant in December 1993 when
she slipped and fell while buying bagels for an office Christmas
breakfast that her boss had instructed her to coordinate for
defendant's entire city office, including all department heads.
Plaintiff suffered a serious back injury as a result of the fall.
The Industrial Commission (Commission) found as a fact that
plaintiff's injury caused her to be disabled. The Commission
concluded as a matter of law that plaintiff's injury arose within
the course of her employment and that she was entitled to
workers' compensation disability benefits. Defendant appeals.
[1]Defendant assigns error to the Commission's finding of
fact that plaintiff's supervisor instructed her to coordinate the
Christmas breakfast. Defendant also assigns error to the
Commission's conclusions of law that plaintiff's injury arose inthe course of her employment and that plaintiff is entitled to
workers' compensation benefits.
In considering an appeal from an award of the Commission,
[t]he reviewing court's inquiry is limited to
two issues: whether the Commission's
findings of fact are supported by competent
evidence and whether the Commission's
conclusions of law are justified by its
findings of fact. When the Commission's
findings of fact are supported by competent
evidence, they are binding on the reviewing
court in spite of the existence of evidence
supporting contrary findings.
Hendrix v. Linn-Corriher Corp., 317 N.C. 179, 186, 345 S.E.2d
374, 379 (1986) (citations omitted).
"The Commission is the sole judge of the
credibility of the witnesses and the weight
to be given their testimony." Thus, the
Commission may assign more weight and
credibility to certain testimony than other.
Moreover, if the evidence before the
Commission is capable of supporting two
contrary findings, the determination of the
Commission is conclusive on appeal.
Dolbow v. Holland Industrial, 64 N.C. App. 695, 697, 308 S.E.2d
335, 336 (1983) (citations omitted), disc. review denied, 310
N.C. 308, 312 S.E.2d 651 (1984).
The Commission found as a fact that plaintiff "was
instructed" by her supervisor to coordinate the breakfast.
Defendant disputes this finding, saying that "competent evidence
does not exist" to support the finding. We disagree. Thetranscript of the Commission hearing includes plaintiff's
testimony stating, "I was asked to coordinate the breakfast for
the main office[.]" Plaintiff testified that because she had
been asked to coordinate the event, her attendance was
"absolutely" mandatory. Plaintiff further testified, "[I]t was
. . . my job to coordinate it and do the breakfast, so I went and
got the bagels for the breakfast." She also stated, "[I]t was my
job to coordinate and do this breakfast[.]" Plaintiff testified
that her supervisor "asked me to coordinate this, and so I
followed through with coordinating it and making sure everything
was there, and part of that was getting the bagels to the
breakfast." Furthermore, plaintiff's supervisor, Paul Ford,
testified regarding the breakfast that plaintiff "was asked to do
it . . . to coordinate this event[.]" The Commission had ample
competent evidence upon which to base its finding that
plaintiff's supervisor instructed her to coordinate the Christmas
breakfast.
[2]Defendant also assigns error to the Commission's
conclusion of law that plaintiff's injury arose in the course of
employment. In Stewart v. Dept. of Corrections, 29 N.C. App.
735, 737-38, 225 S.E.2d 336, 338 (1976) (citations omitted), our
Court stated that:
To be compensable an accident must ariseout of the course and scope of employment.
Where the fruit of certain labor accrues
either directly or indirectly to the benefit
of an employer, employees injured in the
course of such work are entitled to
compensation under the Workmen's Compensation
Act.
This result obtains especially where an
employee is called to action by some person
superior in authority to him. . . . It
appears clear that when a superior directs a
subordinate employee to go on an errand or to
perform some duty beyond his normal duties,
the scope of the Workmen's Compensation Act
expands to encompass injuries sustained in
the course of such labor. Were the rule
otherwise, employees would be compelled to
determine in each instance and, no doubt at
their peril, whether a requested activity was
beyond the ambit of the act.
The order or request need not be couched
in the imperative. It is sufficient for
compensation purposes that the suggestion,
request or even the employee's mere
perception of what is expected of him under
his job classification, serves to motivate
undertaking an injury producing activity. So
long as ordered to perform by a superior,
acts beneficial to the employer which result
in injury to performing employees are within
the ambit of the act.
In the case before us, plaintiff's injury occurred while
plaintiff was engaged in activity directly related to defendant's
request that she coordinate the Christmas breakfast. The
Commission did not err in concluding that plaintiff's injury
arose in the course of plaintiff's employment.
Defendant argues that plaintiff is not entitled to workers'compensation benefits because the facts of this case do not meet
the standard set out in Larson's Workers' Compensation Law §
22.23 and adopted by this Court in Chilton v. School of Medicine,
45 N.C. App. 13, 262 S.E.2d 347 (1980). Defendant is correct
that the facts before us do not meet the standard set out in
Chilton. In fact, the two cases are entirely distinguishable,
and Chilton is not controlling in this case. In Chilton, the
plaintiff, a medical school faculty member, attended a
departmental picnic and was injured while playing volleyball.
Nothing in Chilton suggests that the plaintiff had been asked to
organize the picnic. Here, plaintiff was injured while carrying
out a specific request by her supervisor.
We have reviewed defendant's other assignments of error and
find them to be without merit.
Affirmed.
Judges EAGLES and MARTIN concur.
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