Roberts v. Burlington Industries, Inc.

• Decision Date: 16 June 1987
• Docket Number: No. 8610IC1160,8610IC1160
• Citation: 86 N.C.App. 126,356 S.E.2d 794
• Parties: Rosemary Hudson ROBERTS, Widow; Rosemary Hudson Roberts, Guardian ad Litem of Jessica Gay Roberts, Minor Daughter of Timothy Lee Roberts, Deceased Employee, Plaintiffs, v. BURLINGTON INDUSTRIES, INC., Employer, Lumbermen's Mutual Casualty Co., Carrier, Defendants.
• Court: North Carolina Court of Appeals

Page 794

356 S.E.2d 794

86 N.C.App. 126

Rosemary Hudson ROBERTS, Widow; Rosemary Hudson Roberts Guardian ad Litem of Jessica Gay Roberts, Minor Daughter of Timothy Lee Roberts Deceased Employee, Plaintiffs, v. BURLINGTON INDUSTRIES, INC., Employer Lumbermen's Mutual Casualty Co., Carrier, Defendants.

No. 8610IC1160.

Court of Appeals of North Carolina.

June 16, 1987.

McNairy, Clifford, Clendenin & Parks by Harry H. Clendenin, III, Greensboro, for plaintiffs-appellants.

Smith, Helms, Mulliss & Moore by J. Donald Cowan, Jr., and Caroline H. Wyatt, Greensboro, for defendants-appellees.

JOHNSON, Judge.

The sole issue raised by plaintiff's Assignments of Error is whether the Full Commission erred in adopting and affirming the Deputy Commissioner's Opinion and Award denying plaintiff's claim and finding that plaintiff's husband died as a result of an injury by accident which occurred in the course of, but did not arise out of, his employment with defendant Burlington. Plaintiff urges this Court on appeal to reverse the Full Commission's decision based on case law from other jurisdictions holding as compensable injuries suffered by employees while rendering emergency assistance to strangers. In accepting plaintiff's argument, we now hold that injuries sustained by employees while rendering emergency assistance to strangers while in the course of employment may also arise out of that employment and be compensable. This Court will discuss below how today's holding, new to workers' compensation law in North Carolina, fosters the sound public policy of encouraging humanitarian acts by employees which directly or indirectly benefit employers, and is in line with present North Carolina law.

I

On appeal from an award of the Industrial Commission, this Court is limited in inquiry to two questions: (1) whether there was any competent evidence before the Commission to support its findings of fact, and (2) whether the findings of fact of the Commission justify the Commission's conclusions of law and decision. Hansel v. Sherman Textiles, 304 N.C. 44, 49, 283 S.E.2d 101, 104 (1981). The Full Commission adopted the Deputy Commissioner's Opinion and Award, including the findings of fact. The Full Commission made no separate findings. Deputy Commissioner Shuping found as fact the following: from the evidence one can speculate that Mr. Roberts' approximate two hour delay in returning home from the Greensboro Airport following his trip to Burlington's Asheville plant was from stopping at the retail stores in Greensboro to examine items of furniture, and that such was a necessary part of his employment duties as furniture designer; that, even assuming his delay was for entirely personal reasons, Mr. Roberts had returned to the normal route home from the airport; thus, his death occurred in the course of his employment. Plaintiff does not except to these findings. Defendant does not take issue with the finding and conclusion that Mr. Roberts' death occurred in the course of his employment.

The Deputy Commissioner went on to find that Mr. Roberts' untimely death did not arise out of his employment, but instead arose from the voluntary, albeit indisputably commendable, humanitarian act of a good citizen and "good Samaritan" in stopping to render assistance to an apparent total stranger; that such act was unrelated to his duties as furniture designer for defendant; that defendant did not sell furniture directly to the public and was not directly or indirectly benefited by Mr. Roberts' humanitarianism in the course of his employment; that Mr. Winters was financially destitute when Roberts assisted him, was not a customer of Burlington, and was unlikely ever to become a Burlington customer; that no evidence exists that Burlington even encouraged such humanitarianism by its employees to foster the good will of the company; that Mr. Roberts was driving his own vehicle rather than a company car which would have identified him as a Burlington employee; that Mr. Roberts was identified in some, but not all, local newspapers as a Burlington employee who died a good Samaritan; that any good will flowing to Burlington as a result of Mr. Roberts' actions is too remote to be considered a benefit to Burlington for purposes of compensation. The commissioner concluded, as a matter of law, whether plaintiff should recover as a matter of public policy in order to foster similar humanitarian acts is beyond the Industrial Commission's authority to grant. Plaintiff excepted to these findings of fact and conclusions of law. The Deputy Commissioner concluded as a matter of law that Mr. Roberts died as a result of an injury by accident which occurred in the course of, but did not arise out of, his employment, to which plaintiff excepted.

The Full Commission concluded that the activity in which Mr. Roberts was engaged when he was killed was a risk to which the general public is equally exposed outside of employment; that the risk was not created by nor was it a natural part of his employment as furniture designer; and that the findings of fact of the hearing commissioner below were supported by the evidence, and adopted and affirmed that Opinion and Award as its own. Plaintiff excepted to each conclusion and the decision.

Although we find that the evidence in the record supports the findings of fact, we find that the Full Commission erred by concluding as a matter of law that Mr. Roberts' injury did not arise out of his employment. We must look at the applicable case law in light of our stated public policy to ascertain our finding that the Commission's conclusion is erroneous.

II

A

For an injury to be compensable under the North Carolina Workers' Compensation Act, the injury must be the result of an accident arising out of and in the course of the employment. G.S. 97-2(6). Neither party challenges, nor do we find error with, the Commission's conclusion that Mr. Roberts' injury by accident occurred in the course of his employment. At issue here is whether his injury arose out of his employment. The phrase "arising out of the employment" refers to the origin of or cause of the accidental injury. Robbins v. Nicholson, 281 N.C. 234, 238-39, 188 S.E.2d 350, 353 (1972). There must be some causal connection between the employment and the injury. Perry v. American Bakeries Co., 262 N.C. 272, 274, 136 S.E.2d 643, 645 (1964). Further, some risk inherent to the employment must be a contributing cause of the injury, and the risk must be one to which the general public would not have been equally exposed apart from the employment. Pittman v. Twin City Laundry & Cleaners, 61 N.C.App. 468, 472, 300 S.E.2d 899, 902 (1983); Guest v. Brenner Iron & Metal Co., 241 N.C. 448, 454, 85 S.E.2d 596, 600-01 (1955). In other words, the employment must have increased the risk of such injury occurring.

North Carolina law also says that an injury arises out of the employment when it occurs while the employee is engaged in some activity that he is authorized to undertake and that benefits, directly or indirectly, the employer's business. Long v. Asphalt Paving Co., 47 N.C.App. 564, 566, 268 S.E.2d 1, 3 (1980).

B

"This decision ... suggests the further question as to whether an injury is compensable when an employee, a motorist, then in the course of his employment, renders 'a courtesy of the road' to another motorist then in need of aid. Consideration of that question must await an appropriate fact situation." Guest v. Brenner Iron & Metal Co., 241 N.C. 448, 454, 85 S.E.2d 596, 601 (1955). In that opinion discussing a case from another jurisdiction with facts similar to those sub judice, our Supreme Court left open the question of whether, in North Carolina, injuries sustained while rendering emergency aid to strangers in the course of one's employment arise out of that employment. Today's case offers a most appropriate, compelling fact situation for answering this question.

In Guest, supra, the Court upheld compensation to an employee who was found to have been injured in the course of, and which injuries arose out of, his employment. Guest was hired by Brenner to fix flat tires. Guest was fixing a tire at Brenner's instruction when Guest asked a gas station operator if he could use the station's air hose to get some "free air" to inflate the tire. The station operator complied. Just then, a customer at the gas station was unable to start his car. The station operator asked Guest to help push the customer's car onto the highway. Guest was struck by a passing car and was injured while rendering the requested assistance.

The Court in Guest, supra, at 452, 85 S.E.2d at 600, phrased this issue; "whether plaintiff's claim is compensable turns upon whether the employee acts for the benefit of his employer to any appreciable extent or whether the employee acts solely for his own benefit or purpose or that of a third person." (Emphasis supplied). In holding that Guest's assistance to the gas station customer did benefit the employer, the Court reasoned that Guest's permission to use the gas station's air pump was contingent upon his helping the station attendant push the customer's stalled car. In essence, reciprocal assistance was extended. Id. at 453, 85 S.E.2d at 600. Brenner's benefitting by receiving "free air" from the gas station was contingent upon Guest, its employee, assisting the gas station's operator. Id. The Court reasoned that Guest's assistance was requested in return for the gas station's assistance, and therefore Guest's assistance was related to his employment. Such assistance is distinguished from unconditional assistance, or "the act of a good Samaritan," which the Court stated was unrelated to the employment. Id. at 455, 85 S.E.2d at 601.

In the case sub judice, Mr. Roberts' assistance to Mr. Winters was undoubtedly the act of a very good Samaritan. We do not find, however, that his act was the kind of unconditional assistance that the Court in Gu...