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MURRAY v. BIGGERSTAFF

No. 8510IC1105.

344 S.E.2d 550 (1986)

Perry H. MURRAY, Employee-Plaintiff, v. T. Oras BIGGERSTAFF d/b/a Biggerstaff's Gin and Seed Cleaner, Employer-Defendant, and Lumbermens Mutual Casualty Company, Carrier-Defendant.

Court of Appeals of North Carolina.

June 17, 1986.

Attorney(s) appearing for the Case

Jim R. Funderburk, Gastonia, for plaintiff-appellee.

Hedrick, Eatman, Gardner, & Kincheloe by Scott M. Stevenson, Charlotte, for defendants-appellants.

EAGLES, Judge.

I

We first consider whether plaintiff sustained an injury arising out of and in the course of his employment with Biggerstaff Gin and Seed Cleaner. Defendants contend that plaintiff's injuries occurred while performing a task outside his regular job duties and that therefore plaintiff's employment was casual which would exclude plaintiff from benefits under the Workers' Compensation Act (the Act) pursuant to G.S. 97-13(b). We disagree.

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