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CAIN v. GUYTON

No. 8510IC555.

340 S.E.2d 501 (1986)

John CAIN, Employee-Plaintiff, v. R.W. GUYTON, d/b/a G.S. Auto Parts & Guyton Battery Service, Employer-Defendant, Non-Insured.

Court of Appeals of North Carolina.

March 18, 1986.

Attorney(s) appearing for the Case

Charles R. Hassell, Jr., Raleigh, for employee-plaintiff.

Williamson & Walton by Benton H. Walton, III, Whiteville, for employer-defendant.

JOHNSON, Judge.

Defendant contends that the record herein does not support a finding of the Industrial Commission's jurisdictional prerequisite that defendant regularly employed five or more employees. After careful consideration of the record herein, we disagree. During the time frame in question the Workers' Compensation Act by statute was inapplicable to any employer "that has regularly in service less than five employees...." G.S. 97-13(b) (amended 1979). The...

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