X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The full case caption appears at the end of this opinion. On 8 March 1994 plaintiff Carl L. Perkins was injured in the course and scope of his employment with Arkansas Trucking Services, Inc. (Arkansas Trucking).The accident occurred while plaintiff was operating a tractor-trailer in Florence, South Carolina. Thereafter, Arkansas Trucking commenced payment of workers’compensation benefits under Arkansas law. See generally Ark. Code Ann. ch. 9 (1996 & Supp. 1999). On 4 October 1994 plaintiff filed a Form 18 notice ofaccident with his employer and the North Carolina Industrial Commission (Commission or full Commission). Plaintiff also filed a Form 33 request for hearingtodetermine whether the Commission had jurisdiction over his workers’ compensation claim. On 8 May 1996, after a hearing limited to the jurisdictional question, the deputy commissioner entered an interlocutory opinion and order concluding that plaintiff’sprincipal place of employment was within North Carolina and, therefore, that the Commission had jurisdiction over his claim under N.C.G.S. � 97-36. On 30 October 1996 the deputy commissioner held a second hearing to determine the amount of plaintiff’s award. On 30 April 1997 the deputy commissionerfiled an opinion and award in which he concluded that plaintiff was totally disabled and was, therefore, entitled to compensation at a rate of $417.75 per week fromthe date of the accident. Defendants Arkansas Trucking and Guardian National Insurance Company appealed. On 9 June 1998 the full Commission affirmed and adopted, with minor modifications, the deputy commissioner’s 8 May 1996 interlocutory opinion and order and30 April 1997 opinion and award. On appeal, the Court of Appeals affirmed the opinion and award of the full Commission. Perkins v. Arkansas Trucking Servs.,Inc., 134 N.C. App. 490, 518 S.E.2d 36 (1999). On 4 November 1999 we allowed defendants’ petition for discretionary review. Prior to 1991 the Commission exercised jurisdiction over work-related accidents occurring outside of North Carolina only if the contract of employment wasmade in this State or if the employer’s principal place of business was in this State. See N.C.G.S. � 97-36 (1985) (amended 1991); Thomas v. Overland Express,Inc., 101 N.C. App. 90, 96, 398 S.E.2d 921, 925 (1990),disc. rev. denied, 328 N.C. 576, 403 S.E.2d 522 (1991). In 1991, however, the General Assemblyratified “An Act to Assure that the North Carolina Workers’ Compensation Act Extends to Injuries Outside the State for Employees Whose Principal Place ofEmployment is in North Carolina.” Ch. 284, 1991 N.C. Sess. Laws 528. The statute, as amended, provides in pertinent part: Where an accident happens while the employee is employed elsewhere than in this State and the accident is one which would entitle him or his dependents ornext of kin to compensation if it had happened in this State, then the employee or his dependents or next of kin shall be entitled to compensation (i) if the contract ofemployment was made in this State, (ii) if the employer’s principal place of business is in this State, or (iii) if the employee’s principal place of employment iswithin this State . . . . N.C.G.S. � 97-36 (1999) (emphasis added). The Court of Appeals affirmed the Commission’s determination that plaintiff’s principal place of employment was within North Carolina and, therefore, upheld theCommission’s exercise of jurisdiction over plaintiff’s claim under section 97-36(iii). Perkins, 134 N.C. App. at 493, 518 S.E.2d at 38. Defendants first contend the Court of Appeals applied an erroneous standard of review to the Commission’s jurisdictional determination under section 97-36(iii).We agree. As a general rule, the Commission’s findings of fact are conclusive on appeal if supported by any competent evidence. See N.C.G.S. � 97-86 (1999); Adams v.AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998); Gallimore v. Marilyn’s Shoes, 292 N.C. 399, 402, 233 S.E.2d 529, 531 (1977). It is wellsettled, however, that the Commission’s findings of jurisdictional fact are not conclusive on appeal, even if supported by competentevidence. See Lucas v. Li’l Gen.Stores, 289 N.C. 212, 218, 221 S.E.2d 257, 261 (1976); Askew v. Leonard Tire Co., 264 N.C. 168, 174, 141 S.E.2d 280, 284 (1965); Aycock v. Cooper,202 N.C. 500, 505, 163 S.E. 569, 571 (1932). “The reviewing court has the right, and the duty, to make its own independent findings of such jurisdictional factsfrom its consideration of all the evidence in the record.” Lucas, 289 N.C. at 218, 221 S.E.2d at 261. In the present case the Court of Appeals characterized the question for review as “whether there [was] any competent evidence supporting the Commission’sfinding that plaintiff’s principal place of employment [was] within North Carolina.” Perkins, 134 N.C. App. at 492, 518 S.E.2d at 37. When, as here, the appellatecourt reviews findings of jurisdictional fact entered by the Commission, our decision in Lucas requires the reviewing court “to make its own independent findings of .. . jurisdictional fact[] from its consideration of all the evidence in the record.” Lucas, 289 N.C. at 218, 221 S.E.2d at 261. Accordingly, the Court of Appeals erredin applying the “any competent evidence” standard of review to the jurisdictional question raised by the present case. Defendants next contend the Court of Appeals erred in affirming the Commission’s determination that plaintiff’sprincipal place of employment was within NorthCarolina. We disagree. At the outset, we note that section 97-36 does not define “principal place of employment.” “Nothing else appearing, the Legislature is presumed to have used thewords of a statute to convey their natural and ordinary meaning.” In re McLean Trucking Co., 281 N.C. 242, 252, 188 S.E.2d 452, 458 (1972). In the absenceof a contextual definition, courts may look to dictionaries to determine the ordinary meaning of words within a statute. See Black v. Littlejohn, 312 N.C. 626, 638,325 S.E.2d 469, 478 (1985); State v. Martin, 7 N.C. App. 532, 533, 173 S.E.2d 47, 48 (1970). “Principal” has been defined as “most important, consequential,or influential.” Merriam Webster’s Collegiate Dictionary 926 (10th ed. 1993). Therefore, we consider all the evidence of record to determine whether NorthCarolina was plaintiff’s “principal” place of employment as “principal” is used in its natural and ordinary meaning. In the instant case, plaintiff was assigned to operate a tractor-trailer in Arkansas Trucking’s southeastern territory, an area consisting of twelve to thirteen southernstates, including North Carolina. Arkansas Trucking employs more than three, but less than ten, truck drivers in North Carolina. Because Arkansas Trucking doesnot maintain a terminal in this State, plaintiff was dispatched from his residence in Dudley, North Carolina, by a dispatcher in the employer’s Doraville, Georgia,terminal. Plaintiff’s first pick-ups and last deliveries, including stops in Durham, Charlotte, Kinston,Raleigh, and Roseboro, were scheduled as close to his residencein Dudley as possible to prevent plaintiff from driving with an empty truck. Approximately eighteen to twenty percent of plaintiff’s stops were in North Carolina.When he was off the road, plaintiff kept his employer’s vehicle at his residence in Dudley. Finally, plaintiff received his paychecks at his residence in Dudley. After careful review of the evidence of record, we hold that North Carolina constituted plaintiff’s principal place of employment under section 97-36(iii). Notsurprisingly, as a truck driver, plaintiff did not perform the majority of his job duties in any one state. The record reflects, however, that no state, standing alone, hadthe same degree of significant contacts to plaintiff’s employment as North Carolina. We believe our construction of section 97-36, as amended, best promotes thelegislative intent behind addition of subsection (iii). See Burgess v. Your House of Raleigh, Inc., 326 N.C. 205, 209, 388 S.E.2d 134, 137 (1990) (“The primaryrule of construction of a statute is to ascertain the intent of the legislature and to carry out such intention to the fullest extent.”). Accordingly, the Court of Appeals didnot err in concluding that the Commission had jurisdiction over the instant workers’ compensation claim. We likewise agree with the Court of Appeals that the “Policies, Procedures and Agreement” form signed by plaintiff upon being hired is an invalid attempt to limitplaintiff’s rights to those enumerated under Arkansas workers’ compensationlaw. This agreement conflicts with N.C.G.S. � 97-36 and specifically violates N.C.G.S.� 97-6, which invalidates agreements that operate to relieve an employer of any obligation under the North Carolina Workers’ Compensation Act. Accordingly, the decision of the Court of Appeals is affirmed as modified. MODIFIED AND AFFIRMED.
Perkins v. Arkansas Trucking Servs., Inc. Supreme Court of North Carolina No. 422PA99 Filed: May 5, 2000 CARL L. PERKINS, Employee v. ARKANSAS TRUCKING SERVICES, INC., Employer; SELF-INSURED (GUARDIAN NATIONAL INSURANCE COMPANY) Appealed From: Court of Appeals Counsel for Appellee: Jonathan S. Williams Counsel for Appellant: Dayle A. Flammia and Tracey L. Jones Before: Martin
 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

June-August 2024 Environmental and Land Use - Associate Attorney (1-3 years) Adams Broadwell Joseph & Cardozo is acc...


Apply Now ›

Our client, a highly regarded boutique firm with a strong real estate practice, is seeking an associate with 3 or more years of experience i...


Apply Now ›

Our client, an incredibly successful and rapidly growing Big-Law spin-off and Certified Women s Business Enterprise, is seeking to hire a ta...


Apply Now ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›