365 N.C. 1
N.C.2011Background
- Cardwell suffered a slip and fall outside the back door of Jenkins Cleaners while employed by Cardwell.
- The cement area where she fell was outside the back door; the Industrial Commission did not make explicit findings about ownership/control of that area.
- The Court of Appeals held Cardwell had not fallen on the employer's premises and lacked findings on control of the cement area.
- The Supreme Court found the Commission failed to determine whether the cement area was part of the employer's premises for purposes of the going-and-coming rule.
- Under the Workers' Compensation Act, the Commission is the fact-finding body and must make crucial findings on issues affecting eligibility.
- The Court reversed and remanded to obtain additional proceedings to determine whether the injury arose out of and in the course of employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cement area outside the back door is part of premises | Cardwell argues cement area is part of premises due to control/ownership | Employer contends area is not premises under going-and-coming rule | Remand to resolve whether area is premises |
| Whether the Commission failed to make crucial fact findings | Crucial facts about location and premises were unresolved | Commission need not find on every issue | Findings inadequate to support denial of compensation |
| Whether Cardwell's injury arises out of and in the course of employment | Injury occurred on employer-controlled property related to employment | Unknown location undermines entitlement | Remand for proper factual determinations |
Key Cases Cited
- Bass v. Mecklenburg Cnty., 258 N.C. 226, 128 S.E.2d 570 (1962) (premises proximity affects going-and-coming rule)
- Barham v. Food World, Inc., 300 N.C. 329, 266 S.E.2d 676 (1980) (premises/ownership considerations relevant to compensation)
- Adams v. AVX Corp., 349 N.C. 676, 509 S.E.2d 411 (1998) (court emphasizes Commission as fact-finder)
- Watts v. Borg-Warner Auto., Inc., 171 N.C.App. 1, 613 S.E.2d 715 (2005) (crucial findings required for compensation determination)