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The issues on appeal are whether the full Commission erred in: (1) concluding that Arp's injury arose out of and in the course of his employment and (2) rejecting the deputy commissioner's credibility determination without making specific findings of fact. § 97-25.įrom that Opinion and Award, Parkdale Mills appealed to this Court. As a result of his 16 September 1998 injury by accident, plaintiff is entitled to have Parkdale Mills pay for all medical expenses incurred. As a result of his 16 September 1998 injury by accident, plaintiff is entitled to have Parkdale Mills pay ongoing total disability compensation at the rate of $258.52 per week for the period of 17 September 1998 through the present and continuing until such time as he returns to work or until further order of the Commission. Because plaintiff was on his employer's premises and not thrill seeking when he climbed the gate, fell and injured himself on 16 September 1998, he may recover compensation for his claim. Because Parkdale Mills general intent or purpose for having a gate or fence around the plant is irrelevant and plaintiff was not disobeying a direct or specific order from a then present supervisor when he climbed the gate and fell sustaining his injuries on 16 September 1998, he may recover compensation for his claim. Contributory negligence or bad judgment on the part of plaintiff in attempting to leave by climbing the gate is not a bar to recovery under Act. Therefore, the incident occurring on 16 September 1998 constituted an injury by accident arising out of and in the course of plaintiff's employment with Parkdale Mills. The full Commission concluded that:Ģ. ․ In the present case, plaintiff's injury occurred in the parking lot adjacent to the plant where he worked and the parking lot was a part of Parkdale Mills's premises. On appeal, the full Commission modified in part and affirmed in part the deputy commissioner's Opinion and Award. She further found that he sustained an injury by accident arising out of and in the course of his employment. She also found that instead of waiting for it to be unlocked or walking back through the plant and out of the front door, Arp attempted to climb the gate.
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In her Opinion and Award, Deputy Commissioner Margaret Morgan Holmes, found that on the date of his injury, Arp left work approximately fifteen minutes early without authorization when he reached the locked-back gate. Arp was unable to squeeze through the gate, and when he attempted to climb the gate, he slipped fell and broke his left leg. At the end of his workday on 16 September 1998, Arp saw his mother waiting to pick him up in her car parked outside of the locked-rear gate. Arp worked at the rear of the plant and used the back parking lot which he reached from the rear exit.Īlthough some evidence showed that the gate was usually locked before 7:00 p.m., Arp testified that before the date of his injury, he had encountered a locked gate only once in the rear parking lot when leaving work. The back parking lot is fenced by a chainlinked gate, approximately six feet in height, with an additional one to one and one-half feet of barbed wire extending above the gate.
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Employees like Arp who work 12-hour day shifts, generally park their cars in a lot outside of the front door or in the back parking lot. Parkdale Mills has main exits at the front and back of the plant. This appeal concerns the manner in which Arp chose to exit from the property on 16 September 1998-the date of his injury. on alternating weeks of four and three days.
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We uphold the decision.Īrp worked for Parkdale Mills as a yarn-service packer during the hours of 7:00 a.m. In this workers compensation appeal, the employer-Parkdale Mills-appeals from a North Carolina Industrial Commission decision holding that its employee-Richard Arp-was injured by accident that arose out of and in the course of his employment. Bone, Gastonia, for defendant-appellants. Grandy & Martin by Charles William Grandy, Charlotte, for plaintiff-appellee. Harris & Company, Third Party Administrator. PARKDALE MILLS, INCORPORATED, Employer, Defendant Cameron M.