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''Lemmerman v. A.T. Williams Oil Co.'', 350 S.E.2d 83 (1986) was a case before the Supreme Court of North Carolina which hinged on the question of whether the plaintiff met the definition of an "employee" of the defendant under the state's Workers' Compensation Act. It appears as a principal case in the section of the Rothstein, Liebman employment law casebook discussing the foundations of the employer-employee relationship.〔Employment Law: Cases and Materials. Rothstein, Liebman. Sixth Edition. Foundation Press. Page 23.〕 ==Facts== Shane Tucker, age 8, would accompany his mother to work, where she was a convenience store cashier. There, he would pick up trash, put away cigarettes, stock bottles in the cooler, and perform other odd jobs, for which the employer's manager paid him $ 1.00 per day. According to the court, "A fair reading of the child's testimony discloses that he clearly expected to be paid for his efforts." His mother "testified that her understanding was that the child was going to be paid for what he did. Although she told Schneiderman originally that Shane would work without being paid, he rejected this offer and told both her and the child that he would pay Shane for his work. She believed that Schneiderman paid Shane a dollar a day." On December 1, 1982, Shane slipped on the sidewalk on the employer's property and cut his hand. On June 26, 1984, Shane and his mother filed a complaint, which alleged in essence that Shane's injuries (pain wages, medical expenses) were proximately caused by defendant's negligence. The defendant's answer raised as one of its defenses lack of subject matter jurisdiction: It asserted that the child Shane was its employee as defined by the Workers' Compensation Act and that the Industrial Commission accordingly had exclusive jurisdiction over plaintiffs' claim. (By statute, the Superior Court is divested of original jurisdiction of all actions which come within the provisions of the Workmen's Compensation Act.) 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Lemmerman v. A.T. Williams Oil Co.」の詳細全文を読む スポンサード リンク
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