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HOYLE v. ISENHOUR BRICK & TILE CO.

No. 82A82.

293 S.E.2d 196 (1982)

Ernest HOYLE, Guardian ad Litem for Totisha Shannette Mason and Gerald Allen Mason, Jr., Minor Children of Gerald Allen Hoyle, Deceased, Employee, Plaintiff, v. ISENHOUR BRICK & TILE COMPANY, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Supreme Court of North Carolina.

July 13, 1982.

Attorney(s) appearing for the Case

Thomas A. McNeely, Charlotte, for plaintiff-appellant.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by J. A. Gardner, III, Charlotte, for defendants-appellees.

BRANCH, Chief Justice.

The parties stipulated in instant case that the employee "was injured by accident on June 9, 1978," and that he "died on the same date as a result of those injuries."

Our Workers' Compensation Act affords compensation only for those injuries resulting from accidents "arising out of and in the course of the employment ...." G.S. 97-2(6). The issue of whether a particular accident arises out of and in the course of employment is a mixed...

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