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FORSYTHE v. INCO

No. 8910IC312.

384 S.E.2d 30 (1989)

Herbert T. FORSYTHE, Father and Next of Kin of Vicky Forsythe, Deceased, Employee; Plaintiff v. INCO, Employer; Liberty Mutual Insurance Company, Carrier; Defendants.

Court of Appeals of North Carolina.

October 3, 1989.

Attorney(s) appearing for the Case

Zollicoffer & Zollicoffer by Nicholas Long, Jr., Henderson, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog, by Reid Russell, Raleigh, for defendants-appellees.

LEWIS, Judge.

Under the Workers' Compensation Act, plaintiff's right to recover for the death of his daughter depends upon whether it resulted from an "accident arising out of and in the course of the employment." G.S. 97-2(2); Bartlett v. Duke University, 284 N.C. 230, 232, 200 S.E.2d 193, 194 (1973). "Arising out of the employment" refers to the origin or cause of the accidental injury; ...

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