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DILLINGHAM v. YEARGIN CONST. CO.

No. 8610IC287.

348 S.E.2d 143 (1986)

Carlos L. DILLINGHAM, Employee-Plaintiff, v. YEARGIN CONSTRUCTION COMPANY, Employer, Aetna Casualty and Surety Co., Carrier, Defendants.

Court of Appeals of North Carolina.

September 16, 1986.

Attorney(s) appearing for the Case

Murchison, Taylor, and Shell by Michael Murchison and Vaiden P. Kendrick, Wilmington, for the plaintiff-appellant.

Marshall, Williams, Gorham, and Brawley by Ronald H. Woodruff, Wilmington, for defendant-appellee.

EAGLES, Judge.

The plaintiff assigns as error the finding of the Industrial Commission that his heart attack was not an injury by accident arising out of and in the course of his employment. Since it is undisputed that the heart attack arose out of and in the course of plaintiff's employment, our inquiry is limited to deciding whether the Commission erred in finding that it was not caused by an accident. In reviewing the Commission's findings, we are limited in that...

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