HEDRICK, Chief Judge.
The sole issue contested on appeal is whether plaintiff was performing a duty arising out of and in the course of his employment at the time the accident occurred. We find he was not.
It is a matter of law in this jurisdiction that accidents occurring while an employee is commuting to or from work do not arise out of or occur in the course of the employee's duties of employment. See, Barham v. Food World, 300 N.C. 329,
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