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HENSLEY v. CASWELL ACTION COM., INC.

No. 15.

251 S.E.2d 399 (1979)

296 N.C. 527

Alex HENSLEY, Father, Christine A. Hensley, Mother, Alex Hensley, Guardian ad Litem for Cynthia Gayle Hensley, Sister, and Christopher David Hensley, Brother of Dale Briscoe Hensley, Deceased, v. CASWELL ACTION COMMITTEE, INC., Employer, Maryland Casualty Company.

Supreme Court of North Carolina.

February 5, 1979.

Attorney(s) appearing for the Case

Blackwell & Farmer by R. Lee Farmer, Yanceyville, for plaintiffs-appellants.

Johnson, Patterson, Dilthy & Clay by I. Edward Johnson, Raleigh, for defendants-appellees.

EXUM, Justice.

The deceased, a boy of 14 years, drowned in the Yanceyville Reservoir while on the job he was hired to do by defendant Caswell Action Committee, Inc., after being generally instructed by his supervisor not to go in the water. The Court of Appeals held that his death was not compensable. We reverse. We also conclude that the Deputy Commissioner who heard the case on remand from the Industrial Commission properly limited the hearing to testimony concerning...

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