DeVine v. Dave Steel Co.
Cases that cite this one
15 later published cases cite this decision.
- Chavis v. TLC Home Health Care (N.C. Ct. App. 2005)
- Rackley v. Coastal Painting (N.C. Ct. App. 2002)
- Hollar v. Montclair Furniture Co., Inc. (N.C. Ct. App. 1980)
- Bagwell v. Ernest Burwell, Inc. (S.C. 1955)
- Tharp v. Southern Gables, Inc. (N.C. Ct. App. 1997)
- King v. Exxon Co. (N.C. Ct. App. 1980)
- Calhoun v. Kimbrell's, Inc. (N.C. Ct. App. 1969)
- Taylor v. Twin City Club (N.C. 1963)
- Cole v. GUILFORD COUNTY AND HARTFORD ACC. & IND. CO. (N.C. 1963)
- Poteete v. North State Pyrophyllite Co. (N.C. 1954)
- Vause v. Vause Farm Equipment Co. (N.C. 1951)
- Cooper v. Colonial Ice Co. (N.C. 1949)
- Hunter v. . Peirson (N.C. 1948)
- Boney v. Winn Dixie, Inc. (North Carolina Industrial Commission 2002)
- Henderson v. Celanese Corp. (N.J. Super. Ct. App. Div. 1954)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Without adopting all the reasons assigned by the hearing Commissioner, and approved by the Full Commission, in support of the conclusions reached, we think the record discloses facts sufficient to sustain the award.
The deceased was engaged in his regular work. He accidentally fell and suffered a fatal blow when the back of his head came in contact with the concrete platform on which he was standing. The exact cause of the fall is not determined, although it is found that it was an accident arising out of the employment. Robbins v. Hosiery Mills, 220 N. C., 246, 17 S. E. (2d), 20. It occurred while the employee was in the discharge of his duties, and it resulted in his death. This permits the inference, which .the Commission has drawn, that it was, a compensable injury. Rewis v. Ins. Co., 226 N. C., 325, 38 S. E. (2d), 97; Brown v. Aluminum Co., 224 N. C., 766, 32 S. E. (2d), 320. To say the death was due to physical seizure, unrelated to the employment, even if regarded the more plausible view, would be to reject the opposing inferences which support the fact-finding body. Hegler v. Cannon Mills, 224 N. C., 669, 31 S. E. (2d), 918. Moreover, where the record is such as to permit either finding, the factual determinations of the Industrial Commission are conclusive on appeal to the Superior Court and in this Court. Kearns v. Furniture Co., 222 N. C., 438, 23 S. E. (2d), 310.
*686 Tbe cases of Rewis and Brown, above cited, are in full support of tbe conclusion bere reached. "We are content to rest our decision on wbat was said in these two cases.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.