PICKRELL v. MOTOR CONVOY, INC.

No. 562PA86.

368 S.E.2d 582 (1988)

Carnation S. PICKRELL, Widow of Clyde R. Pickrell, Deceased, Employee, Plaintiff, v. MOTOR CONVOY, INC., Employer, Transport Insurance Company, Carrier, Defendants.

Supreme Court of North Carolina.

June 2, 1988.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by J. David James, Henry N. Patterson, Jr. and Jonathan R. Harkavy, Raleigh, for plaintiff-appellant.

Bell, Davis & Pitt, P.A. by Walter W. Pitt, Jr., and Joseph T. Carruthers, Winston-Salem, for defendants-appellees.


EXUM, Chief Justice.

This is a workers' compensation case in which the question presented is whether the Court of Appeals erred in holding that a presumption of compensability does not apply when an employee dies within the course and scope of employment and the cause of death is unknown. We hold the Court of Appeals erred and remand this case to the Court of Appeals for remand to the Industrial Commission for further proceedings consistent with our decision.

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