Powers v. Lady's Funeral Home, 295 S.E.2d 473 (N.C. 1982). · Go Syfert
Powers v. Lady's Funeral Home, 295 S.E.2d 473 (N.C. 1982). Cases Citing This Book View Copy Cite
85 citation events (44 in the last 25 years) across 5 distinct courts.
Strongest positive: Morgan v. Morgan Motor Co. of Albemarle (ncctapp, 2013-12-17)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
examined Cited as authority (rule) Morgan v. Morgan Motor Co. of Albemarle (3×) also: Cited "see"
N.C. Ct. App. · 2013 · confidence medium
App. 442, 446 , 503 S.E.2d 113, 116 (1998) (quoting Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E.2d 473, 475 (1982)).
discussed Cited as authority (rule) Garrity v. Injured Workers' Insurance Fund
Md. Ct. Spec. App. · 2012 · confidence medium
See e.g.’s Sloane Nissan v. Workers’ Compensation Appeal Board, 820 A.2d 925, 927 (Pa.Commw.Ct.2003) (the special mission exception was applicable because an employee was directed to go home and change clothes); Jennette v. MCS Canon, 211 A.D.2d 943 , 621 N.Y.S.2d 229 (N.Y.App.Div.1995) (the special mission exception was applicable where an employee was instructed that she had to go home and change into more appropriate attire before returning to work); Powers v. Lady’s Funeral Home, 306 N.C. 728 , 295 S.E.2d 473, 475-76 (1982) (the special mission exception was applicable because the em…
discussed Cited as authority (rule) Stanley v. Burns International Security Services
N.C. Ct. App. · 2003 · confidence medium
Exceptions to this rule have been recognized when: (1) an employee is going to or coming from work but is on the employer’s premises when the accident occurs (premises exception), id.-, (2) the employee is acting in the course of his employment and in the performance of some duty, errand, or mission thereto (special errands exception), Powers v. Lady’s Funeral Home, 306 N.C. 728, 731 , 295 S.E.2d 473, 475 (1982); (3) an employee has no definite time and place of employment, requiring her to make a journey to perform a service on behalf of the employer (traveling salesman exception), Creel …
examined Cited as authority (rule) Dunn v. Marconi Communications, Inc. (3×) also: Cited "see"
N.C. Ct. App. · 2003 · confidence medium
G.S. § 97-2 (6) defines “injury” under the Workers’ Compensation Act to refer to “injury by accident arising out of and in the course of the employment . . . .” The “coming and going rule,” which is the “general rule in this and other jurisdictions,” states “that an injury by accident occurring en route from the employee’s residence to his workplace or during the journey home is not one that arises out of or in the course of employment.” Powers v. Lady’s Funeral Home, 306 N.C. 728, 730-31 , 295 S.E.2d 473, 475 (1982) (citing Humphrey v. Laundry, 251 N.C. 47 , 110 S.E…
discussed Cited as authority (rule) Deseth v. LensCrafters, Inc.
N.C. Ct. App. · 2003 · confidence medium
The phrase ‘arising out of’ refers to the requirement that there be some causal connection between the injury and claimant’s employment. ‘In the course of’ refers to the time and place constraints on the injury; the injury must occur ‘during the period of employment at a place where an employee’s duties are calculated to take him[.]’ Id. at 552-53, 486 S.E.2d at 478 (quoting Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E.2d 473, 475 (1982) (internal citations omitted)). *185 The “coming and going” rule provides that “injuries occurring while an employee trav…
discussed Cited as authority (rule) Lewis v. Orkand Corp.
N.C. Ct. App. · 2001 · confidence medium
An employee is injured in the course of his employment when the injury occurs “under circumstances in which the employee is engaged in an activity which he is authorized to undertake and which is calculated to further, directly or indirectly, the employer’s business.” Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E.2d 473, 475 (1982) (citations omitted).
cited Cited as authority (rule) Rivera v. Trapp
N.C. Ct. App. · 1999 · confidence medium
App. at 446 , 503 S.E.2d at 116 (quoting Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E.2d 473, 475 (1982)).
discussed Cited as authority (rule) Shaw v. Smith & Jennings, Inc.
N.C. Ct. App. · 1998 · confidence medium
An employee is injured in the course of his employment when the injury occurs “under circumstances in which the employee is engaged in an activity which he is authorized to undertake and which is calculated to further, directly or indirectly, the employer’s business.” Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E.2d 473, 475 (1982) (citations omitted).
cited Cited as authority (rule) Creel v. Town of Dover
N.C. Ct. App. · 1997 · confidence medium
Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E.2d 473, 475 (1982). [T]he two tests, although distinct, are interrelated and cannot be applied entirely independently.
discussed Cited as authority (rule) Drake v. Industrial Com'n of Utah
Utah Ct. App. · 1995 · confidence medium
However, we note that some jurisdictions have held the special errand exception affords the employee “portal to portal” coverage, see Charak v. Leddy, 23 A.D.2d 437 , 261 N.Y.S.2d 486, 487 (1965); Powers v. Lady’s Funeral Home, 306 N.C. 728 , 295 S.E.2d 473, 475 (1982); 1 Arthur Larson, Larson’s Workmen's Compensation Law § 16.12 (1995), and that other jurisdictions have provided the employee coverage for the entire commute home.
cited Cited as authority (rule) Byrd v. George W. Kane, Inc.
N.C. Ct. App. · 1988 · confidence medium
Holding Co., 319 N.C. 640, 643-44 , 357 S.E. 2d 167, 169 (1987), quoting Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E. 2d 473, 475 (1982).
examined Cited as authority (rule) Fortner v. J. K. Holding Co. (3×) also: Cited "see, e.g."
N.C. · 1987 · confidence medium
Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E. 2d 473, 475 (1982).
discussed Cited as authority (rule) Fortner v. J. K. Holding Co.
N.C. Ct. App. · 1986 · confidence medium
An injury occurs “in the course of’ the employment “when the injury occurs during the period of employment at a place where an employee’s duties are calculated to take him; and under circumstances in which the employee is engaged in an activity which he is authorized to undertake and which is calculated to further, directly or indirectly, the employer’s business.” Powers v. Lady’s Funeral Home, 306 N.C. 728, 730 , 295 S.E. 2d 473, 475 (1982).
discussed Cited "see" MGM Transport Corp. v. Cain (2×)
N.C. Ct. App. · 1998 · signal: see · confidence high
See Powers v. Lady’s Funeral Home, 306 N.C. 728 , 295 S.E.2d 473 (1982) (worker’s compensation case where employee injured while returning to his home while on-call; held injury compensable as occurring within course and scope of employment); Evington v. Forbes, 742 F.2d 834 (4th Cir. 1984) (applying North Carolina law and holding employee returning to work while on “call-back” status was acting within scope of employment).
examined Cited "see" Royster v. Culp, Inc. (4×)
N.C. · 1996 · signal: see · confidence high
See Powers v. Lady's Funeral Home, 306 N.C. 728 , 295 S.E.2d 473 (1982).
discussed Cited "see" Roberts v. Burlington Industries, Inc. (2×)
N.C. · 1988 · signal: see · confidence high
See Powers v. Lady's Funeral Home, 57 N.C.App. 25 , 290 S.E.2d 720 (Martin, J., dissenting), rev'd & remanded, 306 N.C. 728 , 295 S.E.2d 473 (1982).
Retrieving the full opinion text from the archive…
NORWOOD GLENN POWERS, Employee, Plaintiff
v.
LADY’S FUNERAL HOME, Employer, and AMERICAN EMPLOYERS INSURANCE COMPANY, Carrier, Defendants
326A82.
Supreme Court of North Carolina.
Oct 5, 1982.
295 S.E.2d 473
Williams, Willeford, Boger, Grady & Davis, P.A. by Brice J. Willeford, Jr., Samuel F. Davis, Jr., and Dan A. Boone, Attorneys for plaintiff-appellant. , Hedrick, Feerick, Eatman, Gardner & Kincheloe by Hatcher Kincheloe, Attorney for defendant-appellees.
Meyer, Martin.
Cited by 38 opinions  |  Published
MEYER, Justice.

The facts of the case are not in dispute. The claimant, Nor-wood Glenn Powers, was employed by Lady’s Funeral Home as a mortician and embalmer. On 29 July 1978, Mr. Powers began his employment at 8:00 a.m. He was to remain at the Funeral Home or on call at home until 8:00 a.m., the following morning. His duties included visiting the families of the deceased, making funeral arrangements, and embalming bodies. Apart from a one-hour break for supper, Mr. Powers worked at the Funeral Home until 10:30 p.m. on 29 July, when the night man arrived. The night man was not an embalmer. Thus during the remainder of Mr. Powers’ shift, he was required to remain at home ready to respond should his services be necessary during the night. During this time he could not leave home, was to respond immediately to a phone call from the Funeral Home and, according to his employer, his “duties would not have ceased on this occasion until 8:00 the next morning . ... ”

Mr. Powers received a call from the night man at about midnight. He immediately dressed, drove to the Funeral Home where he picked up the Funeral Home vehicle, and called on the family of the deceased. He then returned to the Funeral Home to embalm the body. He arrived back at his home at approximately 2:30 a.m. and parked his automobile in the driveway which inclined toward the back door of his home. The automobile rolled down the incline and struck him as he approached the house, knocking him through the door, breaking both of his legs and crushing his ankles.

[*730] At the hearing before the Deputy Commissioner, Mr. Powers testified, and the Commissioner found as facts, that after embalming a body it was necessary for Mr. Powers to change clothes and shower; that there were no facilities available at the Funeral Home for this purpose; and that “[u]pon completion of embalming the decedent, the claimant left the funeral home in his personal vehicle in order to return home, shower and await any further calls.”

In denying the award, the Deputy Commissioner found that the claimant’s injury was sustained by accident, but that, although the journey in response to the call qualified as a special errand, “the journey itself only begins from the time the claimant physically leaves his property or premises . . . and [the journey] only continues thereafter until the claimant physically returns to his property or premises upon completion of his duties, in this case at the time he actually left the public street or highway located adjacent to his residence and was again physically present on his property.” The Full Commission affirmed, with one commissioner dissenting. The dissent by Commissioner Coy Vance concluded that “[p]laintiff was on a mission for his employer and had not completed said mission by showering after embalming the body.” In an opinion by the Court of Appeals, a majority of the panel adopted the reasoning of the Deputy Commissioner who made the initial findings, conclusions, and award, and affirmed the Full Commission.

In order to justify an award of compensation, a claimant must prove that his injury was caused by an accident; that the injury arose out of the employment; and that it occurred in the course of the employment. G.S. § 97-2(6). A claimant is injured in the course of employment when the injury occurs during the period of employment at a place where an employee’s duties are calculated to take him, and under circumstances in which the employee is engaged in an activity which he is authorized to undertake and which is calculated to further, directly or indirectly, the employer’s business. Clark v. Burton Lines, 272 N.C. 433, 158 S.E. 2d 569 (1968); Hardy v. Small, 246 N.C. 581, 99 S.E. 2d 862 (1957); Hinkle v. Lexington, 239 N.C. 105, 79 S.E. 2d 220 (1953).

It is a general rule in this and other jurisdictions that an injury by accident occurring en route from the employee’s[*731] residence to his workplace or during the journey home is not one that arises out of or in the course of employment. Humphrey v. Quality Cleaners, 251 N.C. 47, 110 S.E. 2d 467 (1959); Hardy v. Small, 246 N.C. 581, 99 S.E. 2d 862; McLamb v. Beasley, 218 N.C. 308, 11 S.E. 2d 283 (1940). Equally as well recognized as the general rule is the “special errand” exception, see Massey v. Board of Education, 204 N.C. 193, 167 S.E. 695 (1933), and 1A Larson, The Law of Workmen’s Compensation § 16.10 (1978), which permits coverage of the employee from “portal to portal.”

Our research discloses no North Carolina case in which this Court has addressed or interpreted the portal to portal rule, [1] nor do we find it necessary under the present facts to do so here. We hold that while Mr. Powers’ journey qualified as a special errand on this particular occasion, his duties did not end at the conclusion of his journey. After embalming a body, claimant was required by his employer to shower and change his clothes in preparation for another call. This requirement was a condition of and incident to his employment and, because shower and change facilities were not available on the premises, this requirement necessitated his returning home from time to time (irrespective of whether the embalming occurred during regular working hours or in response to a night call) to remove the embalming fluid odor from his person. Gowan v. Harry Butler & Sons Funeral Home, 204 Kan. 210, 460 P. 2d 606 (1969). Not only did the nature of his embalming work give rise to the odor, but the nature of his responsibilities to the family and friends of a deceased made it imperative that he be free of the odor.

Under the circumstances, Mr. Powers’ personal appearance was intimately related to his employment and, at least until such time as he had completed his preparations for another call, he remained on duty. The injury by accident occurred in the course of his employment and because the conditions and obligations of the employment required this claimant to be at a place where the accident occurred, subjecting him to additional risks incident[*732] thereto, the injury arose out of the employment. Clark v. Burton Lines, 272 N.C. 433, 158 S.E. 2d 569; Hardy v. Small, 246 N.C. 581, 99 S.E. 2d 862. Claimant has satisfied the conditions entitling him to an award of compensation. We therefore reverse the decision of the Court of Appeals and remand to that court for further remand to the Industrial Commission for a determination of an appropriate award.

Reversed and remanded.

Justice MARTIN took no part in the consideration or decision of this case.
1

. Judge (now Justice) Harry C. Martin, in his dissenting opinion in the case before us, rejected the “bright line” interpretation of the portal to portal rule, whereby “certainty is achieved at the expense of justice.” 57 N.C. App. 25, 31, 290 S.E. 2d 720, 724. This view was subsequently adopted by the Court of Appeals in Felton v. Hospital Guild, 57 N.C. App. 33, 291 S.E. 2d 158 (1982), in an opinion authored by Judge Martin.