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Floyd v. First Citizens Bank3/2/1999
mpensable an accident must arise out of the course and scope of employment. Where the fruit of certain labor accrues either directly or indirectly to the benefit of an employer, employees injured in the course of such work are entitled to compensation under the Workmen's Compensation Act. "This result obtains especially where an employee is called to action by some person superior in authority to him. . . . It appears clear that when a superior directs a subordinate employee to go on an errand or to perform some duty beyond his normal duties, the scope of the Workmen's Compensation Act expands to encompass injuries sustained in the course of such labor. Were the rule otherwise, employees would be compelled to determine in each instance and, no doubt at their peril, whether a requested activity was beyond the ambit of the act. "The order or request need not be couched in the imperative. It is sufficient for compensation purposes that the suggestion, request or even the employee's mere perception of what is expected of him under his job classification, serves to motivate undertaking an injury producing activity. So long as ordered to perform by a superior, acts beneficial to the employer which result in injury to performing employees are within the ambit of the act."
In the case before us, plaintiff's injury occurred while plaintiff was engaged in activity directly related to defendant's request that she coordinate the Christmas breakfast. The Commission did not err in concluding that plaintiff's injury arose in the course of plaintiff's employment.
Defendant argues that plaintiff is not entitled to workers' compensation benefits because the facts of this case do not meet the standard set out in Larson's Workers' Compensation Law ยง 22.23 and adopted by this Court in Chilton v. School of Medicine, 45 N.C. App. 13, 262 S.E.2d 347 (1980). Defendant is correct that the facts before us do not meet the standard set out in Chilton. In fact, the two cases are entirely distinguishable, and Chilton is not controlling in this case. In Chilton, the plaintiff, a medical school faculty member, attended a departmental picnic and was injured while playing volleyball. Nothing in Chilton suggests that the plaintiff had been asked to organize the picnic. Here, plaintiff was injured while carrying out a specific request by her supervisor.
We have reviewed defendant's other assignments of error and find them to be without merit.
Affirmed.
Judges EAGLES and MARTIN concur.
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