Perdue v. State Board of Equalization , 205 N.C. 730 ( 1934 )

CoNNOR, J.

There was evidence at the hearing of this proceeding by the Industrial Commission tending to show that the death of Eaymond E. Perdue, the plaintiff’s intestate, was the result of an injury by accident which arose out of and in the course of his employment as the coach of the football team of the Statesville Graded Schools. For this reason the finding by the Industrial Commission to that effect is conclusive, and was not reviewable by the Superior Court; nor is such finding reviewable by this Court.

It is sufficient to say that the statute so provides. N. C., Code of 1931, see. 8081 (ppp), Public Laws of N. C., 1929, chap. 120, sec. 60. This Court has consistently and uniformly held that if there was competent evidence of sufficient probative force at the hearing by the Industrial Commission of a proceeding for compensation under the "Workmen’s Compensation Act, of which the Industrial Commission had jurisdiction, to support the findings of fact on which the Commission has awarded or denied compensation, such findings of fact by virtue of the statute cannot be reviewed by either the Superior or the Supreme Court. It is otherwise, as to conclusions of law on which the award was made or denied. For this reason the contention of the appellant, the Statesville Graded Schools, on this appeal, that there is error in the judgment of the Superior Court predicated upon the finding that the death of Eaymond E. Perdue was the result of an injury by accident which arose out of and in the course of his employment cannot be sustained.

All tbe evidence at tbe bearing of tbis proceeding by tbe Industrial Commission shows that at tbe time of bis death, Raymond R. Perdue, plaintiff’s intestate, was an employee of tbe Statesville Graded Schools. He was employed both as a teacher and as director of athletics. As director of athletics, it was bis duty to train and coach tbe football team of tbe high school, and to attend said team when playing at Statesville or elsewhere. He was an employee of tbe Statesville Graded Schools District, a political subdivision of tbe State, and for tbis reason was entitled to tbe benefit of tbe provisions of tbe North Carolina Workmen’s Compensation Act. N. 0. Code of 1931, sec. 8081(1), subsections (a) and (b).

The deceased was not an employee of tbe State of North Carolina, nor of tbe State Board of Equalization. Tbe fact that bis salary as a teacher in tbe Statesville Graded Schools was paid by said schools out of funds allotted to tbe Statesville Graded Schools District by tbe State .Board of Equalization, under tbe provisions of chapter 430, Public Laws of N. C., 1931, does not constitute him an .employee of said board or of tbe State. He was elected both as a teacher and as director of athletics by tbe board of trustees of tbe Statesville Graded Schools District. C. S., 5559. He was not elected or employed either as a teacher or as director of athletics by tbe State Board of Equalization. Tbis board bad no power and no duty with respect to tbe Statesville Graded Schools District, or to tbe teachers or other employees of said district, except to provide for tbe payment of their salaries and wages, as provided by chapter 430, Public Laws of N. O., 1931.

It is provided by section 30 of chapter 430, Public Laws of N. C., 1931, that “no allowance shall be made for compensation insurance for any of tbe counties of tbe State.” By amendment of section 8 of chapter 120, Public Laws of N. O., 1929, by section 1 of chapter 2Y4, Public Laws of N. 0., 1931, it is provided that any county or school district in tbe State may, at its option, by action of tbe governing body of such county or school district, exempt itself entirely from liability for compensation to its teachers or other employees for compensation under tbe provisions of tbe Workmen’s Compensation Act. These two statutory provisions make it clear that it was not tbe purpose of the General Assembly by tbe enactment of chapter 430, Public Laws of N. C., 1931, to make teachers in the public schools of tbe State employees of tbe State or of the State Board of Equalization, within tbe meaning of tbe North Carolina Workmen’s Compensation Act.

Tbe contention on this appeal that there was error in the judgment affirming the award of the Industrial Commission that the compensation awarded to the plaintiffs shall be paid by the Statesville Graded Schools District, and that the State Board of Equalization is not liable for any part of such compensation, cannot be sustained.

It does not appear from the judgment or from the record in this appeal that Judge "Warlick declined to order that an attorneys’ fee, to be determined as to amount by the Industrial Commission, in addition to the compensation awarded to the plaintiffs, should be paid by the Statesville Graded Schools to the attorneys for the plaintiffs. In any event, under the statute (sec. 11 of chapter 274, Public Laws of N. C., 1931), this was within the discretion of the court, and the order appearing in the judgment will not be reviewed by this Court. We find no error in this appeal. The judgment is

Affirmed.