Following Staton's death, his mother, plaintiff Elaine Cauble, qualified as the administratrix of his estate. She sought death benefits under the workers' compensation act and requested a hearing before the Industrial Commission. The parties, however, waived the hearing and submitted the case to Deputy Commissioner Laura K. Mavretic on stipulated facts and documents. Thereafter, Deputy Commissioner Mavretic awarded compensation benefits to plaintiff on the grounds that decedent's death was by an accident arising out of and in the course of his employment with defendant Soft-Play. Subsequently, the Full Commission affirmed and adopted the Opinion and Award of the deputy commissioner.
Defendants appeal from that decision.
On appeal, defendants challenge the Commission's determination that Staton's death arose out of and in the course of employment. Moreover, it should be noted that our courts construe the Workers' Compensation Act liberally in favor of compensability. 53 N.C. App. North Carolina adheres to the rule that employees whose work requires travel away from the employer's premises are within the course of their employment continuously during such travel, except when there is a distinct departure for a personal errand. 5 N.C. App.