An injured worker will receive workers’ compensation benefits after the North Carolina Court of Appeals affirmed the state industrial commissions decision to find credible the employee’s testimony that he hadn’t heard a supervisor give him a direct order not to touch a live wire near standing water.
In Keaton v. ERMC III, the court noted that while it is true (per the 1982 decision in Hoyle v. Isenhour Brick & Tile Co.), that disobedience to a direct and specific order by a then-present supervisor will break the causal relation between employment and resulting injury, in this case, the plaintiff denied ever hearing the pertinent instruction from his boss. But because the full commission found credible the worker’s instruction that he didn’t hear this testimony, it stands to reason the worker could not disobey an order he never heard.
Therefore in this case, worker’s injuries are compensable. Continue reading