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eBook details

• Title: Anderson v. Northwestern Motor Co.
• Author : Supreme Court of North Carolina
• Release Date : January 28, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

To obtain an award of compensation for an injury under the North Carolina Workmens Compensation Act, an employee must always show these three things: (1) That he suffered a personal injury by accident; (2) that his injury arose in the course of his employment; and (3) that his injury arose out of his employment. Withers v. Black, 230 N.C. 428, 53 S.E.2d 668. Furthermore, he must establish a fourth essential element, to wit, that his injury caused him disability, unless it is included in the schedule of injuries made compensable by G.S. 97-31 without regard to loss of wage-earning power. Branham v. Panel Co., 223 N.C. 233, 25 S.E.2d 865. As used here, the term "disability" signifies an impairment of wage-earning capacity rather than a physical impairment. This is necessarily so for the very simple reason that the Act expressly specifies that "the term disability means incapacity because of injury to earn the wages which the employee was receiving at the time of the injury in the same or any other employment." G.S. 97-2 (i).

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