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LLOYD v. JENKINS CONTEXT CO.

No. 7910IC128.

266 S.E.2d 35 (1980)

Harold LLOYD, Plaintiff-Employee, v. JENKINS CONTEXT COMPANY, Defendant-Employer, and American Motorists Insurance Company, Defendant-Insurance Carrier.

Court of Appeals of North Carolina.

May 20, 1980.

Attorney(s) appearing for the Case

McElwee, Hall, McElwee & Cannon by John E. Hall, Wilkesboro, for plaintiff-employee.

Tuggle, Duggins, Meschan, Thornton & Elrod by Richard L. Vanore, Greensboro, for defendant-employer.

WEBB, Judge.

In order to bring himself within the coverage of the Workmen's Compensation Act, the claimant has the burden of proving that the employer-employee relationship existed. The reviewing court is not bound by the finding of this jurisdictional fact by the Industrial Commission. This Court must make its own finding from a consideration of all the evidence in the case. See Lucas v. Stores, 289 N.C. 212,

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