Our review of a decision of the Commission is limited to two issues: "(1) whether any competent evidence in the record supports the Commission's findings of fact, and (2) whether such findings of fact support the Commission's conclusion of law." Creel v. Town of Dover, 126 N.C. App. 547, 552, 486 S.E.2d 478, 480 (1997) (citing Moore v. Davis Auto Service, 118 N.C. App. 624, 627, 456 S.E.2d 847, 850 (1995)). The Commission's conclusions of law are reviewable . Grant v. Burlington Industries, Inc., 77 N.C. App. 241, 247, 335 S.E.2d 327, 332 (1985) (citation omitted).
"Whether an injury arises out of and in the course of a claimant's employment is a mixed question of fact and law[.]" Creel v. Town of Dover, 126 N.C.App. 547, 552, 486 S.E.2d 478, 481 (1997). The "going and coming rule" states that "injuries sustained by an employee while going to or from work are not ordinarily compensable" because the injuries do not arise out of or in the course of employment.
We note that under N.C. Gen.Stat. § 97–90(c), the issue of attorney's fees arising from an opinion and award of the full commission would be appealable to the superior court, and thus would be subject to dismissal if appealed directly to this Court instead of the superior court. In Creel v. Town of Dover, 126 N.C.App. 547, 486 S.E.2d 478 (1997), the plaintiff appealed to this Court arguing that the full commission failed to address the issue of attorney's fees pursuant to N.C. Gen.Stat. § 97–90(c). Id. at 551, 486 S.E.2d at 480.
" Whether an injury arises out of and in the course of ... employment is a mixed question of fact and law, and our review is thus limited to whether the findings and conclusions are supported by the evidence." Creel v. Town of Dover, 126 N.C.App. 547, 552, 486 S.E.2d 478, 481 (1997). The phrase " arising out of" refers to the requirement that there be some causal connection between the injury and claimant's employment.
Whether an injury arises out of and in the course of . . . employment is a mixed question of fact and law, and our review is thus limited to whether the findings and conclusions are supported by the evidence." Creel v. Town of Dover, 126 N.C. App. 547, 552, 486 S.E.2d 478, 481 (1997). The phrase "arising out of" refers to the requirement that there be some causal connection between the injury and claimant's employment.
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. Creel v. Town of Dover, 126 N.C. App. 547, 556, 486 S.E.2d 478, 483 (1997); Cauble, 124 N.C. App. at 528, 477 S.E.2d at 679. Ms. Chavis's work required her to continuously travel to and from different patients' homes.
Id. at § 19.32.Creel v. Town of Dover, 126 N.C. App. 547, 557, 486 S.E.2d 478, 483 (1997). In Creel, plaintiff, on an errand for his employer, made a personal deviation, and was injured upon returning to complete the errand.
This is because “ ‘the risk of injury while traveling to and from work is one common to the public at large,’ " Munoz, 171 N.C.App. at 389, 614 S.E.2d at 451 (quoting Creelv. Town of Dover, 126 N.C.App. 547, 555, 486 S.E.2d 478, 482 (1997) ), and “[a]n employee is not engaged in the business of the employer while driving his or her personal vehicle to the place of work or while leaving the place of employment to go home." Hunt, 153 N.C.App. at 269, 569 S.E.2d at 678.
This Court must affirm the Commission's determination if (1) its findings are supported by competent record evidence, and (2) its conclusions are supported by findings of fact and applicable law. See Creel v. Town of Dover, 126 N.C. App. 547, 552, 486 S.E.2d 478, 480 (1997) (noting this Court's standard of review). The gravamen of Mr. Cook's argument is that he would have preferred for the trial court to accept his testimony as true rather than the testimony of V.R. Phipps.
As this determination is supported by the record, it must be affirmed. See Creel v. Town of Dover, 126 N.C.App. 547, 552, 486 S.E.2d 478, 480 (1997) (noting that the standard of review for an opinion and award of the Commission is "(1) whether any competent evidence in the record supports the Commission's findings of fact, and (2) whether such findings of fact support the Commission's conclusions of law[.]"); Hobbs v. Clean Control Corp., 154 N.C.App. 433, 435, 571 S.E.2d 860, 862 (2002) ("The Commission's findings of fact are conclusive on appeal if supported by competent evidence, notwithstanding evidence that might support a contrary finding."). 2.