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North Carolina v. Abdullah

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eBook details

  • Title: North Carolina v. Abdullah
  • Author : Supreme Court of North Carolina
  • Release Date : January 09, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

[1] Plaintiff brings forward a single argument challenging the Commissions finding and concluding that defendant Norvell-Mackorell was acting as agent for the owners of the property in procuring roofing services from plaintiffs employer, Rainbow Roofing, and therefore was not plaintiffs statutory employer within the meaning of G.S. § 97-19 of the North Carolina Workers Compensation Act. Because this raises the jurisdictional question of whether an employment relationship within the Act existed between plaintiff and Norvell-Mackorell at the time of the accident, the jurisdictional facts found by the Commission, though supported by competent evidence, are not binding on this Court. Youngblood v. North State Ford Truck Sales, 321 N.C. 380, 364 S.E.2d 433 (1988) (and cases cited therein). Instead, we are required to review the evidence of record and make independent findings of jurisdictional facts established by the greater weight of the evidence with regard to plaintiffs employment status. Id.


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