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227 N.C. 684

44 S.E.2d 77

DeVine v. Dave Steel Co.

Supreme Court of North Carolina

Decided September 24, 1947

Supreme Court of North Carolina · decided 1947-09-24

Good law ✅— No negative treatment on recordhow we know

Decided 1947-09-24

How this case has been cited

Cited by 24 later decisions — most recently August 2005

24 state decisions

601947195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stacy, C. J.

¶1 Without adopting all the reasons assigned by the hearing Commissioner, and approved by the Full Commission, in support of the conclusions reached, we think the record discloses facts sufficient to sustain the award.

¶2 The deceased was engaged in his regular work. He accidentally fell and suffered a fatal blow when the back of his head came in contact with the concrete platform on which he was standing. The exact cause of the fall is not determined, although it is found that it was an accident arising out of the employment. Robbins v. Hosiery Mills, 220 N. C., 246, 17 S. E. (2d), 20. It occurred while the employee was in the discharge of his duties, and it resulted in his death. This permits the inference, which .the Commission has drawn, that it was, a compensable injury. Rewis v. Ins. Co., 226 N. C., 325, 38 S. E. (2d), 97; Brown v. Aluminum Co., 224 N. C., 766, 32 S. E. (2d), 320. To say the death was due to physical seizure, unrelated to the employment, even if regarded the more plausible view, would be to reject the opposing inferences which support the fact-finding body. Hegler v. Cannon Mills, 224 N. C., 669, 31 S. E. (2d), 918. Moreover, where the record is such as to permit either finding, the factual determinations of the Industrial Commission are conclusive on appeal to the Superior Court and in this Court. Kearns v. Furniture Co., 222 N. C., 438, 23 S. E. (2d), 310.

¶3*686 Tbe cases of Rewis and Brown, above cited, are in full support of tbe conclusion bere reached. "We are content to rest our decision on wbat was said in these two cases.

¶4 Affirmed.

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