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Thomas v. Overland Express Inc.12/18/1990
The primary issue for determination in plaintiff's appeal is whether the North Carolina Industrial Commission had subject matter jurisdiction over plaintiff's claim for personal injury occurring outside North Carolina.
Plaintiff, an experienced tractor-trailer driver, is a resident of North Carolina. Defendant employer (herein defendant) operates a tractor-trailer fleet. In the spring of 1986 plaintiff applied for a job with defendant by filling out an application form and turning it in at defendant's terminal in Greensboro. Defendant arranged for plaintiff to fly to Indianapolis, Indiana, along with other prospective employees for a road test and general orientation to the company. While in Indiana, plaintiff signed certain papers which provided in pertinent part as follows:
Agreement
Made this 24 day of April, 1986, by and between Leasco, Inc., an Indiana corporation with its principal place of business at 1631 W.Thompson Road, Indianapolis, Indiana 46217 ("Employer"), and Perry L. Thomas, an individual residing at 2212 Olive Dr., (Street Address) Reidsville, (City) North Carolina (State) 27320 (Zip) ("Employee").
{PA}
Page 92} Witnesseth
Whereas, Employer is in the business of hiring qualified employees to perform various tasks in the trucking business; and
Whereas, Employee desires to work in the trucking business for Employer; and
Whereas, Employee's duties require travel regularly in Employer's service in Indiana and in other states;
Now, Therefore, the parties hereto, intending to be legally bound, hereby covenant and agree as follows:
1. Employee's employment is principally localized in Indiana.
2. The laws of the State of Indiana, including the Indiana Workmen's Compensation Act and its benefits, shall apply to the settlement of any claim arising out of any job -related injury or disease of the Employee.
3. Employee agrees to this method of resolution regardless of his or her state of residence or domicile.
4. Employee consents to the filing of this agreement with any appropriate state agency which handles the administration of workers' compensation claims for any state.
On 26 April 1986 plaintiff drove his first load from defendant's Greensboro, North Carolina, terminal. Plaintiff was a regional driver who drove primarily within the State of North Carolina until September 1986. In September 1986, however, defendant held a drivers' meeting at the Holiday Inn-Four Seasons in Greensboro, North Carolina, and informed the drivers that because defendant was losing money, drivers would be required to start making trips of five to seven days' duration into South Carolina, Georgia, Florida and Virginia. Additionally, instead of being dispatched from the Greensboro terminal as in the past, drivers were now dispatched by telephone from Indianapolis.
On 9 December 1986 plaintiff suffered an injury by accident to his right foot while picking up a load for defendant in Madison, Florida. He immediately reported his injury to defendant. Defendant filed a claim with the Industrial Board of the State of Indiana and plaintiff was compensated for temporary total disability under Indiana law at a rate of $190.00 per week for the following periods: 12 December 1986 through 14 December 1986, 3 February 1987
through 19 August 1987, and 22 December 1987 through 2 May 1988. Plaintiff resumed driving for defendant in August 1987 and left his employment voluntarily on 19 October 1987. On 21 December 1987 plaintiff filed a claim with the North Carolina Industrial Commission for benefits under the North Ca
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