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Cauble v. Soft-Play Inc.11/19/1996
WYNN, Judge.
The parties stipulate to the following summary of the relevant facts in this matter:
Defendant Soft-Play, Inc., a North Carolina corporation, employed Jamey B. Staton and assigned him as part of an equipment installment crew to a project in Erie County, New York. The company gave all crew members a daily per diem of $30.00 to be used for any purpose, including purchasing meals, and paid directly for their lodging.
While on this assignment, Staton and his supervisor, Thomas Shanahan, drove to a restaurant/bar called the Buffalo Brute Club after working a shift. Shanahan had rented the vehicle subject to reimbursement by defendant Soft-Play. They ate dinner and remained at the sports bar to watch a ball game. Tragically, while returning to their motel late that evening, an accident occurred when another vehicle struck their vehicle as Shanahan attempted to turn left at an intersection controlled by a stoplight. Staton died. The accident occurred approximately 100 yards from their motel.
Both Staton and Shanahan were legally intoxicated at the time of the accident. As a result of the accident, Shanahan pled guilty to criminally negligent homicide and driving while impaired.
Following Staton's death, his mother, plaintiff Elaine Cauble, qualified as the administratrix of his estate. She sought death benefits under the workers' compensation act and requested a hearing before the Industrial Commission. The parties, however, waived the hearing and submitted the case to Deputy Commissioner Laura K. Mavretic on stipulated facts and documents. Thereafter, Deputy Commissioner Mavretic awarded compensation benefits to plaintiff on the grounds that decedent's death was by an accident arising out of and in the course of his employment with defendant Soft-Play. Subsequently, the Full Commission affirmed and adopted the Opinion and Award of the deputy commissioner. Defendants appeal from that decision.
On appeal, defendants challenge the Commission's determination that Staton's death arose out of and in the course of employment.
The Commission's determination that an accident arose out of and in the course of employment is a mixed question of law and fact; thus, this Court may review the record to determine if the findings and Conclusions are supported by sufficient evidence. Williams v. Hydro Print, 65 N.C. App. 1, 308 S.E.2d 478 (1983), disc. review denied, 310 N.C. 156, 311 S.E.2d 297 (1984). "Moreover, it should be noted that our courts construe the Workers' Compensation Act liberally in favor of compensability." Chandler v. Teer Co., 53 N.C. App. 766, 768, 281 S.E.2d 718, 719 (1981), aff'd, 305 N.C. 292, 287 S.E.2d 890 (1982) (citations omitted).
North Carolina adheres to the rule that employees whose work requires travel away from the employer 's premises are within the course of their employment continuously during such travel, except when there is a distinct departure for a personal errand. Martin v. Georgia-Pacific Corp., 5 N.C. App. 37, 41, 167 S.E.2d 790, 793 (1969). The rule's rationale is that "an employee on a business trip for his employer must 'eat and sleep in various places in order to further the business of his employer.'" Id. at 42, 167 S.E.2d at 794 (quoting Thornton v. Hartford Acc. & Indemn. Co., 198 Ga. 786, 32 S.E.2d 816 (1945)). Therefore, "'while lodging in a hotel or preparing to eat, or while going to or returning from a meal, [a traveling employee ] is performing an act incident to his employment.'" Id. (Emphasis added).
We note at the outset that defendants did not argue in their brief that the fact that Staton's blood alcohol level was above the legal limit of in
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