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Harris v. Thompson Contractors2/5/2002
Appeal by defendants from Opinion and Award entered 24 October 2000 by the North Carolina Industrial Commission. Heard in the Court of Appeals 5 November 2001.
Thompson Contractors, Inc. and United States Fidelity and Guaranty Insurance Company ("defendants") appeal from an Opinion and Award for the Full Commission awarding Wayman Harris ("plaintiff") workers' compensation benefits. Plaintiff was a Department of Corrections prisoner on work release when he was injured working for Thompson Contractors, Inc. ("Thompson"). After careful consideration of the briefs and record, we affirm.
Plaintiff is serving a life sentence for murder and has been incarcerated with the North Carolina Department of Corrections for approximately 25 years. Plaintiff began working through the work release program in 1992. On 7 July 1997, Thompson employed plaintiff to work as a drop ball operator at their Mill Spring quarry in Polk County. As a drop ball operator, plaintiff operated a crane that lowered a ball from the boom to break up rocks. Plaintiff had not operated a crane before his employment with Thompson. During August 1997, Thompson reassigned plaintiff to work at Miller Creek quarry in Rutherford County.
Plaintiff had operated a "D-25" model crane at the Mill Spring quarry. This crane was "much smaller" than the Northwest "D-80" crane that plaintiff operated at the Miller Creek quarry. The "D-80" crane weighed approximately 80 tons and the drop ball weighed approximately 10,000 pounds. The "D-80" crane that plaintiff operated was originally manufactured as a shovel crane and subsequently modified. The "stick and the bucket was taken off of it" and "the boom was extended to make it into a crane boom." The boom is the arm that extends off the crane which can be moved up and down. The crane is on two tractor treads which move the crane forward, backwards, right and left. The crane with the boom can rotate 360 degrees on the tractor treads.
On 17 September 1997, plaintiff was operating the "D-80" crane at the Miller Creek quarry. Plaintiff was "walking" the crane, which is moving the crane on its tractor treads, to another area of the quarry. While "walking" the crane, plaintiff contends that the cabin filled with smoke. As he got up to check on the source of the smoke, the crane toppled over trapping plaintiff underneath. Defendants contend that there was no smoke or fire in the cabin and the crane toppled due to plaintiff "walking" the crane with the boom and drop ball raised.
Plaintiff lost his left foot in the accident and suffered shoulder, rib and leg injuries. After the accident, plaintiff's left leg was amputated below the knee.
After the accident, plaintiff's claim for workers' compensation benefits was denied. Plaintiff requested a hearing which was held before Deputy Commissioner Kim L. Cramer on 9 March 1999. Deputy Commissioner Cramer denied plaintiff benefits in an Opinion and Award filed 29 October 1999. Plaintiff appealed for review and the matter was heard by the Full Commission. In its Opinion and Award filed 24 October 2000, the Full Commission reversed the Deputy Commissioner's holding and awarded plaintiff benefits. Defendants appeal.
Defendants raise three issues on appeal. Whether the Full Commission erred in: (1) its determination that plaintiff's status as a prisoner did not bar recovery; (2) failing to find that plaintiff's claim is barred by his willful intention to injure or kill himself; and (3) its application of Hoyle v. Isenhour Brick and Tile Co., 306 N.C. 248, 293 S.E.2d 196, reh'g denied, 306 N.C. 565 (1982).
"On appeal from an award of the Industrial Commission, the scope of our appellate rev
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